CHAPTER - IV

DR AMBEDKAR’S SOCIO ECONOMIC IDEAS IN THE

NEW SPECTRUM [AMBEDKARISM]

4.1. Introduction
4.2. Ambedkarism
4.3. Contribution of Dr. B.R. Ambedkar
4.4. Dr. Ambedkar’s state socialism for weaker sections
4.5. The concept of social justice
4.6. Dr. Ambedkar’s socio economic ideas in the new spectrum
4.7. The place of Judicial Review in the Indian Constitution
4.8. Milestones of public interest litigations in India
4.9. Summary
 CHAPTER - IV
DR AMBEDKAR’S SOCIO ECONOMIC IDEAS IN THE NEW
SPECTRUM [AMBEDKARISM]
4.1 Introduction :
Dr. B. R. Ambedkar was champion of social justice. His economic
ideas were based on state socialism which he has reflected in Indian
constitution at different places. It has been pointed that social justice is a part
of governance reflected in Indian constitution1. Hence in this chapter Dr.
B.R. Ambedkar’s economic views have been reviewed in a systematic
manner. The present chapter is a significant part of this study. Dr. B.R.
Ambedkar was an educationist, economist and administrator. Besides this he
was a social reformer, political thinker, parliamentarian and constitutionalist
of high order. He possessed many rare qualities of head and heart. 2 There is
need to study his economic idea’s reflected through is writing. Pandit
Jawaharlal Nehru rightly pointed out that “Dr. Ambedkar has often been
described as one of the chief architects of the constitution. On his part, he
knew of one who took greater care and trouble over constitution making. He
played a very important and constructive role.” 3
4.2. Ambedkarism :
Dr. Ambedkar’s social economic ideas in the new spectrum Dr.
B. R. Ambedkar believed that, State can play important role in economic
development of people. His book “States and Minorities”, this was as much
an economic manifesto as a social one. It proposed a united Sates of India
without right of secession. It called for separate electorates, separate village

1
R.V.R. Chandrasekhara Rao, Indian Constitution and Polity, Sterling Publishers Pvt. Ltd. New Delhi,
1991, p. 34
2
Chanchreek K.L., Dr. B.R. Ambedkar, H.K. Publishers and Distributors, Delhi, 1991, p. 11
3
Ibid p. 1
settlements and strong measures against social boycott of untouchable and
put forth a program for what Ambedkar called „State Socialism, the
nationalization of basic industries, and the nationalization of land and its
organization in collectives. 4 Therefore, under the States Socialism the
following principles will be followed.
a) Active role of state in the planning of economic life of people
b) Emphasis on increase the productivity and production by providing
physical capital and Human capital.
c) Freedom to private sector to plan and manage their industries and
trade except in selected areas5.
d) Equitable distribution of National wealth and income among all
sections of society irrespective of castes, creed, gender, region and
religions. The design of governance is based n social justice6. It plugs
an important role in the problem of Indian constitution.7
4.2.(1) Threefold Strategy
India being inequitably graded society Dr. Ambedkar recognized the
need for a threefold strategy:
a) Provision of equal rights (overturning the customary framework of
caste system based on principle of equality and denial of equal
rights, particularly, to untouchables).
b) Provision of legal safeguards against the violation of these rights in
terms of laws.,

4
Gail Omvedt, Ambedkar towards an enlightened India, penguin Viking, New Delhi, 2004,p 116.
5
Ibid p-35
6
R.V.R. Ibid. p.34
7
Ibid. p. 35
c) Pro-active measures against discrimination for fair share and
participation in legislature, executive, public services, education and
other public spheres for discriminated groups (in the form of
reservation).

The economic ideas of Dr. Ambedkar can be explained by observing

chances in the fields of economic scenario from nineteen thirties to fifties,
truly, his economic thought had gained momentum in the nineteen forties
though his serious research work. It is true that the discrimination has no
place in the constitution. Citizens cannot be denied justice on the basis of
economic or other disabilities 8.
4.2.(2) Relevance of Study.
The resent study can be said to be significant from the following
aspects:
On one side Dr. Ambedkar was contributing his social movement and
on the other hand he was developing his own strategies. Dr Ambedkar social
economics received a climax when he submitted a memorandum to the
constituent assembly on the behalf of scheduled cast federation on the year
1947.
The debate of state secularism which is very original as made by Dr
Ambedkar can be stated in the new context of Indian constitutional culture
i.e Liberty, equality, fraternity and socio - economic justice. It is the free
thinker’s culture and it is Ambedkarism. It has been rightly pointed that,
“Ambedkar brought to bear upon his task a vast array of qualities, crudition,
scholarship, imagination, logic, eloquence and experience. Whenever he
spoke in the House, usually to reply to criticism advanced against the

8
Ibid p. 82
provisions of the Draft Constitution, there emerged a clear and lucid
exposition of the provisions of the constitution. As he sat down, the mist of
the doubts vagueness. Indeed he was a “Modern Manu” and deserves to be
called the father or the Chief Architect of the Constitution of India.”9

4.3 Contribution of Dr. B.R. Ambedkar

Let us accept the fact that Dr. B.R. Ambedkar has been victim of a
process of reductionism. Mainstream media, academia and intelligentsia
have played a dominant role in this process of reductionism. As a result he
has been viewed and reviewed only as ‘a Dalit Leader’. Some progressive
intellectuals have at the most called him ‘Chief Architect of the Indian
Constitution’. In turn his contributions in the spheres of understanding
individual, caste, Hindu Social order, problems of Hindu women, Indian
minorities, nation and nation building etc. from an alternative perspective
have been fully blacked out. Above all his ideas about social justice have
also not caught the imagination of the mainstream academia and
intelligentsia. It has been rightly observed that, Dr. Ambedkar presided over
all the meetings of the Drafting committee, minutely scrutinized the draft
clause wise and piloted the Draft Constitution in the House, securing to all
citizens justice, liberty, equality and fraternity. He impressed to sovereign
House, having the most ablest and talented personalities of the century, with
has parliamentary skill, oratory, sense of judgment, fearlessness,
farsightedness, vast knowledge and above all his genius in the field of
constitutionalism. 10

9
Chanchreek K.L. Op.Cit. p. 4
10
Chanchreek K.L. Op.Cit. p. 12
 Today also Dr. B. R. Ambedkar is leader of modern India has. On the
basis of association of masses to a particular leader, number of statues of a
particular leader erected by the individuals on their own not with the help of
government, types of celebrations on the occasion of his birth and
conversion anniversaries and commemoration on
his Mahaparinibban anniversaries, Dr. B.R. Ambedkar can be termed as
the omnipresent organic leader of modern India. His contribution in reviving
Buddhism in India and subsequently his association with the world’s
Buddhist community has made Babasaheb acceptable in the countries where
ever Buddhism is practiced. Moreover, in this era of globalization with the
information revolution and presence of Dalit Diaspora, Babasaheb
Ambedkar is revered all over the world and truly he has become a Global
icon. The poem below explains most of the facets of significant personality
of Babasaheb and different roles he has played during his lifetime. S.B.
Sharma rightly pointed that Dr. Babasaheb Ambedkar was brilliant
intellectual, powerful orator, prolific writer, the maker of India’s
Constitution and, above all, a profoundly significant revolutionary who
championed human rights and human dignity as a true path finder towards a
higher human civilization. 11
Today Babasaheb Ambedkar is accepted as a Dalit leader, architect of
the Constitution, a nation builder, a human rights, champion, ‘Global Icon’
and India’s greatest leader. This acceptance of Babasaheb Ambedkar by the
masses in general and global community in particular has forced the
mainstream academia and intelligentsia in India to include Ambedkar
nominally or notionally in the curriculum of social sciences, although, he is

11
Chavan Sheshrao, Bharat Ratna Dr. Babasaheb Ambedkar Architect of Indian Constitution, Vimal
Publication, Aurangabad, 1990, p. 4
not taught in curriculum at different levels of education i.e. primary,
secondary or higher. The irony is that even if he is taught, no questions are
asked on him in the examination and if a question is asked it is asked in
optional. This whole attitude towards an icon of erstwhile-marginalized
community proves the point of the reductionism and blackout of the icon.
Babasaheb Ambedkar conceptualized the principles of social justice.
However, before we analyze his ideas of social justice let us look at the
concept of social justice as propounded by the different social scientists.
Based on the principles enshrined in the scientific definition of Social justice
we will evolve a ‘purposive’ definition of social justice with principles as
envisaged by Babasaheb Ambedkar. Dr. Y.D. Phadke rightly observed that,
In his lifetime Ambedkar ceased to be a mere individual and had become a
force to be reckoned with in Indian politics as he symbolized the revolt
against all the oppressive features of Hindu society. He always asked his
countrymen to beware of the dangers of hero worship, a malady from which
the Indian society has suffered since its known history.12
4.4. Dr. B. R. Ambedkar’s State Socialism for Weaker Sections
Dr. B. R. Ambedkar’s state socialism tried to provide justice
to weaker sections:
Dr. Bhimrao Ambedkar had equipped himself fully to wage war
against the practice of untouchability on behalf of the untouchable and
the downtrodden. Meanwhile the political situation in India had
undergone substantial changes and the freedom struggle in the country
had made significant progress. Many provisions have been made in the
Constitution to ensure social justice for scheduled castes, scheduled

12
Ibid. p. 14
tribes and backward classes. Dr. Ambedkar was of the opinion that
traditional religious values should be given up and new ideas
adopted. He laid special emphasis on dignity, unity, freedom and rights
for all citizens as enshrined in the Constitution. Ambedkar advocated
democracy in every field: social, economic and political. For him social
Justice meant maximum happiness to the maximum number of people.
Dr.Ambedkar's patriotism started with the upliftment of the downtrodden
and the poor. He fought for their equality and rights. His ideas about
patriotism were not only confined to the abolition of colonialism, but he
also wanted freedom for every individual. For him freedom without
equality, democracy and equality without freedom could lead to absolute
dictatorship. Ambedkar's idea of social justice was based on social,
cultural and economic roots.

4.5. Dr. Ambedkar’s concept of Social Justice:

Based On Indigenous Historical, Social And Cultural Roots can be

studied in the following manner.
Dr. Ambedkar favored neither liberal nor Marxist perspectives on
social justice. Instead, he favored radico-liberal perspective based on
useful means for social transformation. "Ambedkar's idea of social
justice was based on our indigenous historical, social and cultural roots.
Dr. Ambedkar’s dream of a society based on socio- economic justice
human dignity and equality. It has been observed that, Dr. Ambedkar as
scholar is extraordinary for the another reason. He challenged the
existing beliefs and deep rooted sometimes of the society and changed
the society to be the vehicle of modern values of objectivity and
autonomy of reason in the affairs of men.13
4.5.(1) Economic justice : (Article 38(1) in The Constitution Of India
1949)
(1) Dr. Ambedkar’s view behind this that, 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. Amartya Sen has rightly
observed that the global politics of justice in the latter half of the twentieth
century became more and more involved with these second generation
rights. The nature of global dialogue and of the types of reasoning
entertained in the new era has come to reflect a much broader reading of
agencies and the content of global responsibilities.14 In the post globalization
period social economic justice in the new era has become a part of human
rights.
4.5.(2). Political Justice: The basic political rights of individuals
Dr. Ambedkar’s view behind this that, "The rights of the person
require that individuals have an effective role in shaping their own destinies.
They have a right to participate in the political process freely and
responsibly. They have a right to free access to information, freedom of
speech and press, as well as freedom of dissent. They have a right to be
educated and to determine the education of their children. Individuals and
groups must be secure from arrest, torture and imprisonment for political or
ideological reasons, and all in society, including migrant workers, must be
guaranteed juridical protection of their personal, social, cultural and political

13
Ibid. p. 116
14
Sen Amartya, The Idea of Justice, Thomson Press (India) Ltd. New Delhi, 2009, p.380
rights." 15 Political situation changed very rapidly in India and long with
transfer of power.16
4.5.(3) Privatization of Education And Government Educational Loan
The inevitability of progressive and powerful nation is by means of
Higher Education. But taking higher education is getting expensive day by
day. Simultaneously Privatization of education is also necessary and
mandatory, the rising cost of acquiring higher education comes with it too.
But these expenses cannot be met by all the students, therefore the banks are
expected to formulate schemes for disbursements of education loans. Several
Banks have various schemes however do not disburse these amount due to
stringent procedures to be followed for availing the loan facility, which
safeguards them against any default.

In view of these the finance department of the Central Government

has assured to take the guarantee of such loan amounts advanced. It has
therefore given the permission to establish a credit guarantee fund trust, and
an amount of Rs2500/- Crore would be provided to such fund. 75% of Banks
Bad debts fall mainly into this category, i.e. non repayment of loan availed
for higher education. And this could be a valid figure, because it is not
necessary that immediately after the higher education one gets the job as per
their expectations.
Possibilities of some of the graduates then starting their own
businesses cannot be ruled out. And that could be one of the reasons, that
instead of repaying the loan amount they prefer to deploy the funds in their
business. Which is one of the reasons that most of the banks are now

15
Pope Paul VI, Message Issued in Union with the Synod of Bishops (1974).
16
Chanchreek K.L. Op.Cit. p. 2
demanding a third person as a guarantor, and it is very difficult to get such a
person as a guarantor. Therefore some of the banks take the parents as their
guarantors. Which again creates difficulty to the parent as it is considered as
an income of the respective parent. Even this is not possible for a poor
student. In these Circumstances , the government has taken it as its own
responsibility to make available the loan amount to the students, thus if the
student is not in a position, capable of repaying the loan amount 75% of such
loan amount can than be paid to the banks from such funds created by the
Government17. These are the positive steps on part of State to implement
State Socialism which was in the reason Dr. B. R. Ambedkar.
4.5.(4) Reflections On The Basic Political Rights Of Individuals.

Dr. Ambedkar’s view behind this that, Everyone can participate in the
political process and free access to information an important right, freedom
of speech and expression and also the right to be educate political rights,
agree that the migrant workers have personal, social, cultural, and political
rights which should be protected. Amartya Sen observed that, the removal of
global poverty and other economic and social deprivations has thus come to
centre stage in the global engagement with human rights.18 Dr. Ambedkar
wanted to protect basic political rights of human being. It has been observed
that, there is a large area of fruitful public discussion and possibly effective
pressure; concerning what a particular society or a state even an
impoverished one can do to prevent violations of certain basic economic or
social rights.19

17
Dainik Lokmat Editorial Pg 6 dated -06.02.2013
18
Amartya Sen, Op.Cit. p.381.
19
Ibid p. 383
4.5.(5) The Rights And Duties Of Political Communities:

Dr. Ambedkar thinks that, the Political communities have the right to
existence, to self-development, and to the means necessary for this. They
have the right to play the leading part in the process of their own
development and the right to their good name and due honors. From which it
follows at one and the same time that they have also the corresponding duty
of respecting these rights in others and of avoiding acts which violate them.
The civil authority and its laws relate to the rights of its citizens. In recent
years there has been a growing realization throughout the world that
protecting and promoting the inviolable rights of persons are essential duties
of civil authority, and that the maintenance and protection of human rights
are primary purposes of law." It has been pointed that, Dr. Ambedkar’s draft
on Fundamental Rights submitted to the Sub-Committee had said : “Any
Privilege of disability arising out of rank, birth, person, family, relation or
religious usage and system is abolished.”20

4.5.(6) Government’s Role in Social Justice

Dr. Ambedkar was very strict about the government’s role to
provide justice to the weaker section.
Government should not replace or destroy weaker section and
individual initiative. Rather it should help them to contribute more
effectively to social well-being and supplement their activity when the
demands of justice exceed their capacities. This does not mean, however,
that the government that governs least governs best. Rather it defines good
government intervention as that which truly 'helps' other social groups
contribute to the common good by directing, urging, restraining, and

20
Chavan Sheshrao, Op.Cit. p. 57
regulating economic activity. It has been rightly pointed that, he declared
that Depressed Classes cold not consent to any self governing constitution
for India, unless their just and fair demands were met, like abolition of
untouchability, equal citizenship, fundamental rights, protection against
discrimination, adequate representation in legislatures and in services,
departmental care and ultimately, opportunity in the Cabinet. Since 1919 till
1946 he was alert and watchful for seeking constitutional rights for them,
through his evidences, memorandums, notes, writhing and speeches. He
organized and awakened the oppressed classes and was successful in his
mission when many of his demands were incorporated in the Government of
India Act of 1935.21 Thus Dr. Ambedkar sincerely tried to protect rights of
weaker sections.

4.5.(7) The philosophy of Social Justice:

Plato defined social justice as, “the principle of a society consisting
of different types of men… who have combined the impulse of their need for
one another and their concentration on their combination in one society and
their concentration on their separate functions, have made a whole which is
perfect because it is the product of image of the whole of the human mind
(Republic 368d quoted in Mohapatra 1999)”. In modern times the term
social justice was first used in 1840 by a Sicilian priest, Luigi Taparelli d’
Azeglio. However, Antonio Rasmini Serbasti gave the term prominence in
his work, La constitutione Civile Secodo La Giurtizia Sociale in the year
1848 (Noval 2000: 11 quoted in Yadav: 2006).
Further, in a series of articles beginning with “Justice as Fairness”
John Rawls propounded a contractualist theory of Justice as it applies to

21
Chanchreek K.L., Op.Cit. p.1
institutions and practices. It is based on the notions of fairness and
reciprocity. Rawls believed that his theory of justice is an improvement over
utilitarian accounts of justice as maximum welfare. John Rawls developed
the following principles of justice:
1. Each person is to have an equal right to most extensive basic
liberty
compatible with similar liberty for others.
2. Social and economic inequities are arbitrary unless they
are reasonably expected to be to the advantage of the representative man in
each income class.
3. Inequalities are to attach to positions and offices equally open to
all (Choptiany 1973:146).

Similarly taking a leaf from Rawl’s theory of social justice,

Beteile (2005: 417), argues that, “the fundamental issue in distributive
justice is equality; a more equal or at least a less unequal distribution of the
benefits and of social co-operation”. He opines that, “In that sense
distributive justice to go beyond equality in the purely formal sense: equality
before the law, seeks to go beyond equality in the purely formal sense:
equality before the law, the equal protection of the laws, or even formal
equality of opportunity. Its central concern is, in the language of Rawl ‘to
address the bias of contingencies in the in the direction of equality’… Any
attempt to promote distributive justice must begin with a consideration of the
existing inequalities in society…it is essential to keep in sight both
inequalities between individual and disparities. Disparities between groups
have been historically go great significance in Indian society.
 Plato and Rawl’s concept of social justice would mean giving every
man his due. The basic aim of social justice is to remove the imbalances in
the social, political and economic life of the people to create a just society.
In terms of culture-specificity, the term social justice has a different meaning
in Indian society. It means dispensing justice to those to whom it has been
systematically denied in the past because of an established social structure.
Dr. Ambedkar rightly pointed that, the Depressed classes may not be able to
overthrow inequities to which they are being subjected. But they have made
up their mind not to tolerate a religion that will lend its support to the
continuance of these inequities. If the Hindu religion is to be their religion
then it must become a relation of Social Equality. The mere amendment of
Hindu religious code by the mere inclusion in it of a provision to permit
temple entry for all; cannot make it a religion of Equality of social status.22
Dr. Ambedkar thus provided way of social emancipation to his followers, in
this regards, Amartya Sen has observed that, Dr. Ambedkar, whose own
scholarship helped him to overcome the stigma of low caste (indeed
‘untouchability), saw education as a cornerstone of his strategy for the
liberation of oppressed castes a strategy which has been put to good effect in
some parts of India.23
4.5.(8) Uniformed Currency
The Court thought a uniform currency (i.e. a currency composed of
like but independent units) was all that India needed. Indeed, they had given
the Governments to understand that they did not wish for more in the matter
of simplification of currency and were perfectly willing to allow the Sicca

22
Dr. Babasaheb Ambedkar Writings and Speeches, Vol. 5, The Education Department Govt. of
Maharashtra, 1989, pp.383-384.
23
The Amartya sen & Jean Dreze Omnibus, Oxford University Press, New Delhi, 1999, p. 110.
and the mohur to remain as they were, unassimilated.24 A uniform currency
was no doubt a great advance on the order of things such as was left by the
successors of the Moguls. But that was not enough, and the needs of the
situation demanded a common currency based on a single unit in place of a
uniform currency. Under the system of uniform currency each Presidency
coined its own money, and the money coined at the Mints of the other
Presidencies was not legal tender in its territories except at the Mint. This
monetary independence would not have been very harmful if there had
existed also financial independence between the three Presidencies. As a
matter of fact, although each Presidency had its own fiscal system, yet they
depended upon one another for the finance of their deficits. There was a
regular system of " supply " between them, and the surplus in one was being
constantly drawn upon to meet the deficits in others. In the absence of a
common currency this resource operation was considerably hampered. The
difficulties caused by the absence of a common currency in the way of the
“supply " operation made themselves felt in two different ways. Not being
able to use as legal tender the money of other Presidencies, each was obliged
to lock up, to the disadvantage of commerce, large working balances in
order to be self-sufficient25. The very system which imposed the necessity
of large balances also rendered relief from other Presidencies less
efficacious. For the supply was of necessity in the form of the currency of

24
Cf. Dispatch to Bengal dated March 11, 1829.
25
The Accountant-General of Bengal, in a letter to the Calcutta Mint Committee, dated November 21,
1823 wrote—" Para. 32. The amount of the balance must also necessarily depend upon the state of the
currency. If the Madras, Bombay, and Furrukabad rupees instead of differing in weight and intrinsic value
were coined of one standard weight and value bearing one inscription and in no way differing, the surplus
of one Presidency would at all times be available for the deficiency of another, without passing through the
Mint, and the balance of India might be reduced in proportion to the increased availability of currency for
the disbursements of the three Presidencies " (Bombay Financial Consultations, February 25, 1824).
the Presidency which granted, it, and before it could be utilized it had to be
re-coined into the currency of the needy Presidency. Besides the loss on re-
coinage, such a system obviously involved inconvenience to merchants and
embarrassment to the Government26 .
4.5. (9) Answerability of the Government:
Dr. Ambedkar’s view was that, the government is answerable to all of
society's problems, to socioeconomic political cultural civic. The essential
sense of the State, as a political community, consists in that the society and
people composing it are master and sovereign of their own future.
Dr. Ambedkar thinks that, instead of the exercise of power with the
moral participation of the society or people, what we see is the imposition of
power by a certain group upon all the other members of the society.
Freedom is essential to society. The all individual be free to act
autonomously and the state to regulate as a caretaker of every individuals. It
is necessary for the state to keep these two factors in balance. Modern
scholars like Dr. Amartya Sen also support this view he has pointed that,
the diagnosis of injustice will figure often enough as the starting point for
critical discussion.27 Thus Dr. B.R. Ambedkar began a new age of justice in
India. It is true that, Dr. Ambedkar crusade against inequality was is
mission. He was of the opinion that, even between the members of the same
minority guarantee of equality of opportunity might become essential
because of the conflict between individual benefit and social good. This is in
the real spirit of upholding human dignity and providing opportunities for

26
The evil of the system had already made itself felt in Bombay, where the Government had been obliged
by a Proclamation dated April 9, 1824, to declare the Furrukabad rupee of 1819 standard as legal tender
within its territories on a par with the Bombay rupee, in order to facilitate the supply operation from
Bengal. Cf. Bombay Financial Consultations, dated April 14, 1824.
27
Amartya Sen Op.Cit. pp.vii-viii.
growth for all.28
4.5. (10) Rule of Law -

The members of society share the same basic rights and duties, as well
as the same supernatural faith. Within a country which belongs to each one,
all should be equal before the law, find equal admittance to economic,
cultural, civic, and social life, and benefit from a fair sharing of the nation's
riches. Every citizen should have same basic rights, duties and equality
before the law, admittance to economic life, cultural life, civic life, social
life. Dr. Ambedkar believed in equality. He respected freedom and liberal
democracy. Amartya Sen rightly opined that, Freedom is valuable for at least
two different reasons. First, more freedom gives us more opportunity to
29
pursue our objectives those things that we value. Dr. Ambedkar also
respected freedom and he aimed to develop human being through these
freedom. According to Amartya Sen, “In our ability to ability to decide to
live as we would like and to promote the ends that we may want to advance.
This aspect of freedom is concerned with our ability to achieve what we
value, no matter what the process is through which that achievement comes
about, Second, we may attach importance to the process of choice itself.” 30
Dr. Ambedkar provided such choices to the oppressed people through
constitutional law.
4.5. (11) Misuse Of Equality
"If, beyond legal rules, there is really no deeper feeling of respect for
and service to others, then even equality before the law can serve as an alibi
for flagrant discrimination, continued exploitation, and actual contempt.

28
Chavan Sheshrao, Op.Cit. p.57
29
Amartya Sen, Op.Cit. p. 228
30
Ibid p.228
Without a renewed education in solidarity, an overemphasis on equality can
give rise to an individualism in which each one claims his own rights
without wishing to be answerable for the common good. Power may never
be used to attack the dignity of persons, to subjugate them, to prevent them
from seeking and realizing the goods to which their humanity gives them a
claim.

Dr. Ambedkar’s view reflected in the Constitution is that, "Every

individual have a duty to work positively for the empowerment of the
weaker section: to help others gain control over their own lives, so that as
free and responsible persons they can participate in a self-determining
manner in the goods proper to human beings. The powerful must therefore
work for the liberation of the oppressed and powerless. He provided voice to
voiceless Ambedkar brought to bear upon his task a vast array of qualities,
condition, scholarship, imagination, logic, eloquence and experience.31
Dr. Amberkar believed in rule of law and was of the opinion that
every citizen is equal before the law.
4.5.(12) The Duties Of Power
The fundamental duty of power is solicitude for the common good of
society; this is what gives power its fundamental rights. Precisely in the
name of these premises of the objective ethical order, the rights of power can
only be understood on the basis of respect for the objective and inviolable
rights of man. There are no political communities which are superior by
nature, and none which are inferior by nature. All political communities are
of equal natural dignity, since they are bodies whose membership is made up
of these same human beings.

31
Chanchree K.L. Op.Cit.4
 Discussing on the scope of the Directive Principles of State policy Dr.
Ambedkar said that, the main object of incorporating the Directive
Principles in the Constitution was to lay down that future Governments
should strive for the achievement of the ideal of economic democracy, but
not to prescribe, any particular or rigid method or way it. (B. Shiva Rao,
Framing of the Indian Constitution A Study).32
4.6. Dr. Ambedkar’s Socio-Economic Ideas In The New Spectrum:
(state socialism in india in terms of economy).
Dr. Ambedkar drafted the provisions in the constitution of India that
are guaranteed every citizens the social, economic, political and culture
rights, a State socialist societies were formed in opposition to the political
and economic the view behind Dr Ambedkar was that the systems of the
capitalist world. It is questioned, however, whether they were able to form
an autonomous bloc interacting with the capitalist system or whether they
became a constituent part of the “capitalist world system.” Analysis of this
relationship has a new significance in the period of transformation because it
informs our understanding of the constellation of interests pursuing national
and/or international policies. It also raises the question of the classes driving
the transition process: were they newly formed from groups within the
socialist societies, or were classes already in place? The collapse also raises
questions on the extent to which new national capitals have been formed and
remain, and the place the post-communist countries and their corporations
have in the global political and economic order.
Amartya Sen has pointed that, every poverty is, of course, a matter of
deprivation. The recent shift in focus especially in the sociological literature

32
Chavan Sheshrao, Op.Cit. p. 59.
from absolute to relative deprivation has provided a useful framework of
analysis.33

State socialist systems, it is contended, were not socialist modes of

production, but interacted with the capitalist world economy. The socialist
state, which exhibited some features of socialism (e.g. employment security,
comprehensive welfare provision), nevertheless became a major player in
capitalist accumulation, which in turn provided a basis for reintegration into
the world capitalist system. An analogy is made with socialist parties under
capitalism: they are separate from, but part of, capitalist economies; with
time, trade unions have become functionally integrated parts of modern
capitalist societies.34

After gaining independence from Britain, India adopted a broadly

socialist-inspired approach to economic growth. Like other countries with a
democratic transition to a mixed economy, it did not abolish private property
in capital. India proceeded by nationalizing various large privately run firms,
creating state-owned enterprises and redistributing income through
progressive taxation in a manner similar to social democratic Western
European nations than to planned economies such as the USSR or China.
Today India is often characterized as having a free-market economy that
combines economic planning with the free-market. It did however adopt a
very firm focus on national planning with a series of broad Five-Year Plans.
In the late 1970s, the government led by Morarji Desai eased restrictions on
capacity expansion for incumbent companies; removed price controls,
reduced corporate taxes and promoted the creation of small scale industries

33
Sen Amartya, Op.Cit. p. 22
34
Chase-Dunn, 1982, p.39. Global Capitalism and the Transformation of State Socialism by David Lane.
in large numbers. However, the subsequent government policy of Fabian
socialism hampered the benefits of the economy, leading to high fiscal
deficits and a worsening current account. The collapse of the Soviet Union,
which was India's major trading partner, and the Gulf War, which caused a
spike in oil prices, resulted in a major balance-of-payments crisis for India,
which found itself facing the prospect of defaulting on its loans. 35 India
asked for a $1.8 billion bailout loan from the International Monetary Fund
(IMF), which in return demanded reforms.36
In response, Prime Minister Narasimha Rao, along with his finance
minister Manmohan Singh, initiated the economic liberalization of 1991.
The reforms did away with the License Raj, reduced tariffs and interest rates
and ended many public monopolies, allowing automatic approval of foreign
direct investment in many sectors. 37 Since then, the overall thrust of
liberalization has remained the same, although no government has tried to
take on powerful lobbies such as trade unions and farmers, on contentious
issues such as reforming labor laws and reducing agricultural subsidies. By
the turn of the 20th century, India had progressed towards a free-market
economy, with a substantial reduction in state control of the economy and
increased financial liberalization.38 This has been accompanied by increases

35
Ghosh, Arunabha (2004-06-01). "India's pathway through economic crisis (which makes failer of mixed
economy)" (PDF). GEG Working Paper 2004/06. Global Economic Governance Programme. Retrieved
2009-12-12.
36
"Economic reforms in India: Task force report" (PDF). University of Chicago. p. 32.
37
"Economic reforms in India: Task force report" (PDF). University of Chicago. p. 32.
38
Kumar, Dharma (2005). The Cambridge Economic History of India, Volume II : c. 1757 – 2003. New
Delhi: Orient Longman. p. 1115. ISBN 978-81-250-2710-2.
in life expectancy, literacy rates and food security, although the beneficiaries
have largely been urban residents.39
While the credit rating of India was hit by its nuclear weapons tests in
1998, it has since been raised to investment level in 2003 by S&P and
Moody's.40 In 2003, Goldman Sachs predicted that India's GDP in current
prices would overtake France and Italy by 2020, Germany, UK and Russia
by 2025 and Japan by 2035, making it the third largest economy of the
world, behind the US and China.

India is often seen by most economists as a rising economic

superpower and is believed to play a major role in the global economy in the
21st century.41 This was the social economic ideas of Dr. Ambedkar in the
new spectrum.
4.7. The Place Of Judicial Review In The Indian Constitution
In post-independence India, the inclusion of ‘judicial review’ was a
necessary device to give teeth to the individual and group rights guaranteed
under the Constitution. Dr. B.R. Ambedkar described the provision enabling
the same as the ‘heart of the Constitution’. Article 13(2) of the Constitution
of India prescribes that the Union or the states shall not make any law that
takes away or abridges any of the fundamental rights, and any law made in
contravention of the aforementioned mandate shall, to the extent of the
contravention, be void.
While judicial review over administrative action has evolved on the
lines of common 3 law doctrines such as ‘proportionality’, ‘legitimate

39
"Economic reforms in India: Task force report" (PDF). University of Chicago. p. 32.
40
S. Venkitaramanan (2003-02-10). "Moody's upgrade — Uplifts the mood but raises questions".
41
Grammaticas, Damian (2007-01-24). "Indian economy 'to overtake UK'". BBC News
expectation’, ‘reasonableness’ and principles of natural justice, the Supreme
Court of India and the various High Courts were given the power to rule on
the constitutionality of legislative as well as administrative actions. In most
cases, the power of judicial review is exercised to protect and enforce the
fundamental rights guaranteed in Part III of the Constitution. The higher
courts are also called on to rule on questions of legislative competence,
mostly in the context of Centre-State relations since Article 246 of the
Constitution read with the 7th schedule, contemplates a clear demarcation as
well as a zone of intersection between the law-making powers of the Union
Parliament and the various State Legislatures. It has been observed that, Dr.
Ambedkar was an ardent believer in Indian Unity and Integrity. He earnestly
believed that without united and concerted efforts it would be virtually
impossible to lift the down trodden masses from the morass of poverty and
user in economic democracy.42

Hence the scope of judicial review before Indian courts has evolved in
three dimensions – firstly, to ensure fairness in administrative action,
secondly to protect the constitutionally guaranteed fundamental rights of
citizens and thirdly to rule on questions of legislative competence between
the centre and the states. The power of the Supreme Court of India to
enforce these fundamental rights is derived from Article 32 of the
Constitution. It gives citizens the right to approach the Supreme Court in
order to seek a remedy against the violation of these enumerated rights. This
‘right to constitutional remedy’ is itself a fundamental right and can be
enforced in the form of writs evolved in common law – such as habeas
corpus (to direct the release of a person detained unlawfully), mandamus (to

42
Chavan Sheshrao, Op.Cit. p. 60
direct a public authority to do its duty), quo warranto (to direct a person to
vacate an office assumed wrongfully), prohibition (to prohibit a lower court
from proceeding on a case) and certiorari (power of the higher court to
remove a proceeding from a lower court and bring it before itself). Besides
the Supreme Court, the High Courts located in the various States are also
designated as constitutional courts and Article 226 permits citizens to file
similar writs before the High Courts. With the advent of Public Interest
Litigation (PIL) in recent decades, Article 32 has been creatively read to
shape innovative remedies such as a ‘continuing mandamus’ for ensuring
that executive agencies comply with judicial directions. In this category of
litigation, judges have also imported private law remedies such as
‘injunctions’ and ‘stay orders’ into what are essentially public law-related
matters. Successful challenges against statutory provisions result in reliefs
such as the striking down of statutes.

On this back ground it would be interesting to study the scope of

judicial review.
4.7.(1) The Scope Of Judicial Review

There are of course several points of reference in the Indian

constitutional experiences that enable us to reflect on the so-called tensions
between constitutionalism and democracy. The most prominent challenge
to the scope of ‘judicial review’ has occurred over the proper place of the
“right to property in the constitutional scheme. It must be borne in mind that
there existed immense inequality in the land ownership in pre independent
India, much of it corresponding to caste divisions. In the rural setting, most
agricultural \lands were owned and controlled by dominant castes who
received the patronage of the colonial government in return for ensuring the
prompt collection of land revenue. Elaborate institutions of landed
intermediaries (such as the Zamindari system) had become entrenched while
cultivators from the lower caste either had very small land holdings or were
forced to work as bonded laborers under the control of these Zamindars.
After Independence, Parliament as well as the State Legislatures sought to
tackle this institutionalized inequality by urgently pursuing a policy of
agrarian land reforms, which often overlooked questions such as the
payment of adequate compensation to the landowners whose property was
acquired for public purposes as well as for redistribution among smaller
cultivators. Such governmental excess prompted the land owning classes to
repeatedly approach the courts to protect their “right to acquire, hold and
dispose of property” which had been enumerated in Article 19(1)(f) of the
constitution. While the higher judiciary repeated defended the rights of
landowners against the acquisition by the State, Parliament responded with
legislative changes as well as constitutional amendments to address the
same. In fact, legislations pertaining to agrarian land reforms were placed in
Schedule IX to the constitution, a part which was immunized from scrutiny
by the courts, and thus, formed a exception to the power of “judicial review”
provided under Article 13.

“However, there was some inconsistency in identifying all the

provisions of constituted this ‘basic structure’. While later decisions
identified basic features such as democracy, secularism, federalism, judicial
independence. as well as for protection of life and liberty among others,
many commentators have drawn attention to the “open textured” nature of
this doctrine. In these recent years, some political formulations, especially
the left wing parties have publicly argued that judges can use the basic
structure doctrine in a discretionary unpredictable manner to rule against
otherwise socially beneficial legislative and executive acts, for instance,
those seeking to expand the policy of reservations for disadvantaged sections
of land acquisition for developmental purposes. Despite of these misgivings,
the coining of the basic structure doctrine in the Kesavananda Bharati v/s
State of Kerala 4 SCC 225 1973 holds immense significance in our
constitutional history since it reasserted the independence of the judiciary,
especially during a period of excessive interference by the executive. There
can be no quarrel with the fact that sometimes the deep deliberations of the
unelected branch are the only thing that prevents impulsive majoritarian
tendencies from infringing upon the rights of individuals and
minorities…” 43 . “..As we look ahead to the constitutional and legal
challenges faced by our country, the legacy of the Kesavananada Bharati
decision will continue to be the fulcrum for debated about the same.

In this category of litigation, judges have also imported private law

remedies such as ‘injunctions’ and ‘stay 4 orders’ into what are essentially
public law-related matters. Successful challenges against statutory
provisions result in reliefs such as the striking down of statutes or even
reading down of statutes, the latter implying that courts reject a particular
approach to the interpretation of a statutory provision. Beginning with the
first few instances in the late-1970’s, the category of Public Interest
Litigation (PIL) has come to be associated with its own ‘people-friendly’
procedure. The foremost change came in the form of the dilution of the
requirement of ‘locus standi’ for initiating proceedings. Since the intent was
to ensure redressal to those who were otherwise too poor to move the courts

43
Kesavananda Bharati v/s State of Kerala 4 SCC 225 1973
or were unaware of their legal entitlements, the Court allowed actions to be
brought on their behalf by social activists and lawyers.3 In numerous
instances, the Court took suo moto cognizance of matters involving the
abuse of prisoners, bonded laborers and inmates of mental institutions,
through letters addressed to sitting judges. This practice of initiating
proceedings on the basis of letters has now been streamlined and has come
to be described as epistolary jurisdiction.

In Public Interest Litigation, the nature of proceedings itself does not

exactly fit into the accepted common-law framework of adversarial
litigation. The courtroom dynamics are substantially different from ordinary
civil or criminal appeals. While an adversarial environment may prevail in
cases where actions are brought to highlight administrative apathy or the
government’s condonation of abusive practices, in most public interest-
related litigation, the judges take on a far more active role in terms of posing
questions to the parties as well as exploring solutions. Especially in actions
seeking directions for ensuring governmental accountability or
environmental protection, Ashok H. Desai and S. Muralidhar, Public Interest
Litigation: Potential and Problems’ in B.N. Kirpal et. al. (eds.), Supreme but
not Infallible – Essays in Honour of the Supreme Court of India (OUP,
2000) at p. 159-192 44 ; Also see K.G. Balakrishnan, ‘Growth of Public
Interest Litigation in India’, Fifteenth Annual Lecture, Singapore Academy
of Law (October 8, 2008),45

44
Essays in Honour of the Supreme Court of India (OUP, 2000) at p. 159-192
45
Justice K. G. Balakrishnan, ‘Growth Of Public Interest Litigation In India’, Fifteenth Annual Lecture,

Singapore Academy Of Law (October 8, 2008)

 In the United Kingdom, Courts have developed another tool for ruling
on legislative action – i.e. issuing a ‘declaration of incompatibility’ for
statutory provisions that contravene the ECHR.
Refer: Susan D. Susman, ‘Distant voices in the Courts of India:
Transformation of standing in Public Interest Litigation’, 13 Wisconsin
International Law Journal 57 (Fall 1994)

The orientation of the proceedings is usually more akin to collective

problem-solving rather than an acrimonious contest between the counsels.
Since these matters are filed straightaway at the level of the Supreme Court
or the High Court, the parties do not have a meaningful opportunity to
present evidence on record before the start of the court proceeding. To
overcome this problem, our Courts have developed the practice of
appointing ‘fact-finding commissions’ on a case-by-case basis which are
deputed to inquire into the subject-matter of the case and report back to the
Court. These commissions usually consist of experts in the concerned fields
or practicing lawyers. In matters involving complex legal considerations, the
Courts also seek the services of senior counsels by appointing them as
amicus curiae on a case-by-case basis. “ Judges must know their limit and
must not try to run the Government they must have modesty and humility,
and not behave like emperors”. 46 The said comment appears in the
judgement delivered by Hon’ble Justice A.K. Mathur which appears to
follow the self limitation. “ Dispemsatiom of Social Justice and achieving
the goal setforth in the Constitution are not possible without the active,
concreted and dynamic effort made by the person concerned with the justice

46
Aravali Golf Club v/s Chanderhas (2008) 1SCC, 683, Para-20
dispensation system. “47 complete justice would be justice according to law,
and though it would be open to the Supreme Court to mould the relief , the
Supreme Court would not grant relief which would amount to perpetuating
and illegality,48 “Assets to justice….. is a valuable right”.49
4.7.(2) Considering The Objections To The Doctrine Of ‘Judicial
Review’:Dr Ambedkar has been given constitutional provisions given for
judicial review. However, in many jurisdictions - questions have been asked
about the proper understanding of ‘judicial review’ as well as its expansion.
There are two principled objections offered against the very idea of ‘judicial
review’ in a democratic order.

The first idea is that the judiciary being an unelected body is not
accountable to the people through any institutional mechanism. In most
countries judges are appointed through methods involving selection or
nomination, in which ordinary citizens do not have a say. It is argued that
allowing the judiciary to rule on the validity of the acts of a democratically
constituted legislature is in itself a violation of the idea of ‘separation of
powers’. Skepticism is also voiced against judges using their personal
discretion to direct action in areas in which they have no expertise. This
critique locates the role of the judiciary as purely one of resolving disputes
between parties and deferring to the prescriptions of the elected legislature
while doing so. In the Common Law realm, this critique is based on the
age-old notion of ‘parliamentary sovereignty’. With respect to the inherent
value of a written constitution that also incorporates ‘judicial review’, it

47
Rammohan Services (p) Ltd v/s Subhsh Kapoor, (2001) 1 SCC 118, Para-21
48
State of Karnataka v/s Uma Devi (3) (2006) 4 SCC 1, Para -44
49
LIC v/s R. Suresh (2008) 11 SCC 319, Para-22
would be appropriate to refer to an observation made by Justice Aharon
Barak:
“To maintain real democracy and to ensure a delicate balance
between its elements. In a formal constitution is preferable. To operate
effectively, a constitution should enjoy normative supremacy, should not be
as easily amendable as a normal statute, and should give judges the power
to review the constitutionality of legislation. Without a formal constitution,
there is no legal limitation on legislative supremacy, and the supremacy of
human rights can exist only by the grace of the majority’s self-restraint. A
constitution, however, imposes legal limitations on the legislature and
guarantees that human rights are protected not only by the self-restraint of
the majority, but also by constitutional control over the majority. Hence, the
need for a formal constitution.50
However, we must also consider another nuanced objection to the
doctrine of ‘judicial review’. It is reasoned that the substantive contents of a
constitution adopted by a country at a particular point of time reflect the will
of its framers. However, it is not necessary that the intent of the framers
corresponds to the will of the majority of the population at any given time.
In the Indian setting, it is often argued that the members of the Constituent
Assembly were overwhelmingly drawn from elite backgrounds and hence
did not represent popular opinions on several vital issues. Furthermore, the
adoption of a constitution entails a country’s recommitment to its contents
and the same become binding on future generations. Clearly the
understanding and application of constitutional principles cannot remain

50
See Ashok H. Desai & S. Muralidhar, Public Interest Litigation : Potential and Problems in B.N. Kirpal
et. Al. (ed.), Supreme but not Infallible (OUP, 2000), 159-192, at p. 164-167.
static and hence a constitutional text also lays down a procedure for its
amendment.
4.7.(3) The Idea Of ‘Judicial Review’ Designates The Higher Judiciary
As The Protector Of The Constitution.
This power of amendment by the legislature is not unlimited and the
idea of ‘judicial review’ designates the higher judiciary as the protector of
the constitution. This scheme works smoothly as long as the demands and
aspirations of the majority of the population correspond with the
constitutional prescriptions. However, scope for dissonance arises when
majoritarian policy-choices embodied in legislative or executive acts come
into conflict with constitutional provisions. The higher judiciary is then
required to scrutinize the actions of its co-equal branches of government.
Some scholars have argued that institutions of this type involve tensions
between the understanding of the words ‘constitutionalism’ and ‘democracy’
respectively. Hence, it is postulated that the provision for ‘judicial review’
gives a self-contradictory twist to the expression ‘constitutional democracy’.
In this regard the role of the judiciary can be described as one of
protecting the counter-majoritarian safeguards enumerated in the
Constitution by Dr B R Ambedkar. It is apt to refer to an opinion given by
Justice Robert Jackson where it was held that citizens could not be
compelled to salute the U.S. national flag if the same offended their religious
beliefs.

Dr. Ambedkar was very clear in his understanding that the very
purpose of the bill of rights was to withdraw certain subjects from the
vicissitudes of political controversy, to place them beyond the reach of
majorities and officials and to establish them as legal principles to be applied
by the Courts. One’s right to life, liberty, and property, to free speech, a free
press, freedom of worship and Assembly and other fundamental rights may
not be submitted to vote: they depend on the outcome of no elections.
4.7.(4) uniform civil Code’
‘uniform civil code’ is necessary for regulating the private relations of
citizens belonging to all religions.

Dr Ambedkar has given freedom of religion in the fundamental rights,

in India there is considerable disenchantment with the constitutional
provision which places the personal laws of religious groups beyond the
scope of constitutional scrutiny. The framers preferred this position in order
to protect the usages and customs of religious minorities with regard to the
guarantee of ‘freedom of religion’. However, there have been persistent
majoritarian demands for a constitutional amendment of this position in
order to enact a ‘Uniform Civil Code’ for regulating the private relations of
citizens belonging to all religions. Even though there may be a good case for
some specific changes to personal laws that come into conflict with the
objective of gender-inequality, the demands for whole-scale overriding of
personal laws carry a connotation of imposition by the majority. Noted
scholar Samuel Isachar off has argued that in fractured or pluralist societies
it is beneficial to implement a constitutional scheme so as to restrain
destructive majoritarian tendencies. In Ambedkar’s “States and Minorities”,
he urged to establish state socialism not by the will of the legislature but by
the law of the constitution making it unalterable by any act of the legislature
and the executive.51

51
Chavan Sheshrao Op.Cit. p. 88
 This is true not only about uniform civil code but also about just land
reforms. The civil code is required to balance Indian society and village life
can be changed through progressive land reforms. It has been observed that,
According to Ambedkar, the fundamental cause of Indian backward
economy was the delay in changing the land relations in Indian villages. To
him, the real remedy was democratic collectivism. It aimed at wiping out
completely elements of economic exploitation and social injustice.52
4.8. Milestones Of Public Interest Litigations:
Dr. B R Ambedkar has given the constitutional remedies - milestones of
public interest litigations:
One of the earliest cases of public interest litigation was reported as
Hussainara Khatoon ) v. Home Secretary, State of Bihar, Patna. This
case was concerned with a series of articles published in a prominent
newspaper - the Indian Express which exposed the plight of under trial
prisoners in the state of Bihar. A writ petition was filed by an advocate
drawing the Court’s attention to the deplorable plight of these prisoners.
Many of them had been in jail for longer periods than the maximum
permissible sentences for the offences they had been charged with. The
Supreme Court accepted the locus standi of the advocate to maintain the writ
petition.53 Thereafter, a series of cases followed in which the Court gave
directions through which the ‘right to speedy trial’ was deemed to be an
integral and an essential part of the protection of life and personal liberty.
This was the view of Dr Ambedkar about natural justice. It has been pointed
that he had to wage war against all injustices. But it was a peaceful one. He
was a defender of “peace and constitutional morality”. He said, “I am

52
Ibid. p. 88
53
Hussainara Khatoon v. Home Secretary, state of bihar air 1979 sc 1360
reported to be against peace. This is not correct. I am for peace. But the
peace which is based on justice, not the peace of a graveyard. So long as
justice is not respected in the world there cannot be any peace.” 54 Dr.
Ambedkar wanted to bring peace through the practice of state socialism.
Soon thereafter, two noted professors of law filed writ petitions in the
Supreme Court highlighting various abuses of the law, which, they asserted,
were a violation of Article 21 of the Constitution. These included inhuman
conditions prevailing in protective homes, long pendency of trials in court,
trafficking of women, importation of children for homosexual purposes, and
the non-payment of wages to bonded laborers among others. The Supreme
Court accepted their locus standi to represent the suffering masses and
passed guidelines and orders that greatly ameliorated the conditions of these
people.

In another matter, a journalist, Ms. Sheela Barse, took up the plight of

women prisoners who were confined in the police jails in the city of
Bombay. She asserted that they were victims of custodial violence. The
Court took cognizance of the matter and directions were issued to the
Director of College of Social Work, Bombay. He was ordered to visit the
Bombay Central Jail and conduct interviews of various women prisoners in
order to ascertain whether they had been subjected to torture or ill-treatment.
He was asked to submit a report to the Court in this regard. Based on his
findings, the Court issued directions such as the detention of female
prisoners only in designated female lock-ups guarded by female constables
and that accused females could be interrogated only in the presence of a
female police official. Public interest litigation acquired a new dimension –

54
Chavan Sheshrao Op.Cit. p. 128
namely that of ‘epistolary jurisdiction’ with the decision in the case of Sunil
Batra v. Delhi Administration, It was initiated by a letter that was written
by a prisoner lodged in jail to a Judge of the Supreme Court. The prisoner
complained of a brutal assault committed by a Head Warder on another
prisoner. The Court treated that letter as a writ petition, and, while issuing
various directions, opined that:
“…technicalities and legal niceties are no impediment to the court
entertaining even an informal communication as a proceeding for habeas
corpus if the basic facts are found”.55
In Municipal Council, Ratlam v. Vardichand, the Court recognized
the locus standi of a group of citizens who sought directions against the local
Municipal Council for removal of open drains that caused stench as well as
diseases. The Court, recognizing the right of the group of citizens, asserted
that if the:
"…centre of gravity of justice is to shift as indeed the Preamble to the
Constitution mandates, from the traditional individualism of locus standi to
the community orientation of public interest litigation, the court must
consider the issues as there is need to focus on the ordinary men."56

In Pandit Parmanand Katara v. Union of India, the Supreme Court

accepted an application by an advocate that highlighted a news item titled
"Law Helps the Injured to Die" published in a national daily, The Hindustan
Times. The petitioner brought to light the difficulties faced by persons
injured in road and other accidents in availing urgent and life-saving medical
treatment, since many hospitals and doctors refused to treat them unless

55
Sunil Batra v. Delhi Administration, AIR,197, SC 1675
56
Municipal Council, Ratlam vs Vardichan And Ors. on 29 July, 1980
certain procedural formalities were completed in these medico-legal cases.
The Supreme Court directed medical establishments to provide instant
medical aid to such injured people, notwithstanding the formalities to be
followed under the procedural criminal law.57
In many other instances, the Supreme Court has risen to the changing
needs of society and taken proactive steps to address these needs. It was
therefore the extensive liberalization of the rule of locus standi which gave
birth to a flexible public interest litigation system. A powerful thrust to
public interest litigation was given by a 7-judge bench in the case of S.P.
Gupta v. Union of India. The judgment recognized the locus standi of bar
associations to file writs by way of public interest litigation. In this particular
case, it was accepted that they had a legitimate interest in questioning the
executive’s policy of arbitrarily transferring High Court judges, which
threatened the independence of the judiciary. Explaining the liberalization of
the concept of locus standi, the court opined:

“It must now be regarded as well-settled law where a person who has
suffered a legal wrong or a legal injury or whose legal right or legally
protected interest is violated, is unable to approach the court on account of
some disability or it is not practicable for him to move the court for some
other sufficient reasons, such as his socially or economically disadvantaged
position, some other person can invoke the assistance of the court for the
purpose of providing judicial redress to the person wronged or injured, so
that the legal wrong or injury caused to such person does not go
unredressed and justice is done to him.” 58

57
Pandit Parmanand Katara v. Union of India, AIR 1989, SC 2032
58
S.P. Gupta v. Union of India,AIR 1982 SC 149
 The unique model of public interest litigation that has evolved in India
not only looks at issues like consumer protection, gender justice, prevention
of environmental pollution and ecological destruction, it is also directed
towards finding social and political space for the disadvantaged and other
vulnerable groups in society. The Courts have given decisions in cases
pertaining to different kinds of entitlements and protections such as the
availability of food, access to clean air, safe working conditions, political
representation, affirmative action, anti-discrimination measures and the
regulation of prison conditions among others.

For instance, in People’s Union for Democratic Rights (PUDR) v.

Union of India, a petition was brought against governmental agencies which
questioned the employment of underage laborers and the payment of wages
below the prescribed statutory minimum wage-levels to those involved in
the construction of facilities for the then upcoming Asian Games in New
Delhi. The Court took serious exception to these practices and ruled that
they violated constitutional guarantees. 59 The employment of children in
construction related jobs clearly fell foul of the constitutional prohibition on
child labor and the nonpayment of minimum wages was equated with the
extraction of forced labor. Similarly, in Bandhua Mukti Morcha v. Union
of India, the Supreme Court’s attention was drawn to the widespread
incidence of the age-old practice of bonded labor which persists despite the
constitutional prohibition. Among other interventions, one can refer to the
Shriram Food & Fertilizer case where the Court issued directions to
employers to check the production of hazardous chemicals and gases that
endangered the life and health of workmen. It is also through the vehicle of

59
People’s Union for Democratic Rights (PUDR) v. Union of India, AIR, 1982 Sc 1473
PIL, that the Indian Courts have come to adopt the strategy of awarding
monetary compensation for constitutional wrongs such as unlawful
detention, custodial torture and extra-judicial killings by state agencies.60

In the realm of environmental protection, many of the leading

decisions have been given in actions brought by renowned environmentalist
M.C. Mehta. He has been a tireless campaigner in this area and his petitions
have resulted in orders placing strict liability for the leak of Oleum gas from
a factory in New Delhi, directions to check pollution in and around the
Ganges river, the relocation of hazardous industries from the municipal
limits of Delhi, directions to state agencies to check pollution in the vicinity
of the Taj Mahal and several afforestation measures. A prominent decision
was made in a petition that raised the problem of extensive vehicular air
pollution in Delhi.
The Court was faced with considerable statistical evidence of
increasing levels of hazardous emissions on account of the use of diesel as a
fuel by commercial vehicles. The Supreme Court decided to make a decisive
intervention in this matter and ordered government-run buses to shift to the
use of Compressed Natural Gas (CNG), an environment-friendly fuel. This
was followed some time later by another order that required privately-run
‘auto-rickshaws’ (three-wheeler vehicles which meet local transportational
needs) to shift to the use of CNG. At the time, this decision was criticized as
an unwarranted intrusion into the functions of the pollution control
authorities, but it has now come to be widely acknowledged that it is only
because of this judicial intervention that air pollution in Delhi has been
checked to a substantial extent.

60
Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802,
 Another crucial intervention was made in Indian Council for
Environment Legal Action v. Union of India, wherein a registered NGO
had sought directions from the Supreme Court in order to tackle ecological
degradation in coastal areas. In recent years, the Supreme Court has taken on
the mantle of monitoring forest conservation measures all over India, and a
special ‘Green bench’ has been constituted to give directions to the
concerned governmental agencies. At present, I am part of this Green bench
and can vouch for the need to maintain judicial supervision in order to
protect our forests against rampant encroachments and administrative
apathy.61
An important step in the area of gender justice was the decision in
Vishaka v. State of Rajasthan. The petition in that case originated from the
gang-rape of a grassroots social worker. In that opinion, the Court invoked
the text of the Convention for the Elimination of all forms of Discrimination
Against Women (CEDAW) and framed guidelines for establishing redressal
mechanisms to tackle sexual harassment of women at workplaces. Though
the decision has come under considerable criticism for encroaching into the
domain of the legislature, the fact remains that till date the legislature has
not enacted any law on the point. It must be remembered that meaningful
social change, like any sustained transformation, demands a long-term
engagement. Even though a particular petition may fail to secure relief in a
wholesome manner or be slow in its implementation, litigation is
nevertheless an important step towards systemic reforms.62
A recent example of this approach was the decision in People’s Union
for Civil Liberties v. Union of India, where the Court sought to ensure

Indian Council for Environmental-Legal Action Vs Union of India: 1996(3)SCC 212; A.P
62
Vishaka and Ors Vs. State of Rajasthan and Ors. (JT 1997 (7) SC 384)
compliance with the policy of supplying mid-day meals in government-run
primary schools. The mid-day meal scheme had been launched with much
fanfare a few years ago with the multiple objectives of encouraging the
enrolment of children from low-income backgrounds in schools and also
ensuring that they received adequate nutrition. However, there had been
widespread reports of problems in the implementation of this scheme such as
the pilferage of food-grains. As a response to the same, the Supreme Court
issued orders to the concerned governmental authorities in all States and
Union Territories, while giving elaborate directions about the proper
publicity and implementation of the said scheme.63
The expansion of ‘judicial review’ (which is often described as
‘judicial activism’) has of course raised the popular profile of the higher
judiciary in India. However, arguments are routinely made against the
accommodation of ‘aspirational’ directive principles within the ambit of
judicial enforcement. There are two conceptual objections against the
justifiability to these positive obligations. The first is that if judges devise
strategies to enforce the directive principles, it amounts to an intrusion into
the legislative and executive domain. It is reasoned that the articulation of
newer fundamental rights is the legislature’s task and that the judiciary
should refrain from the same. Furthermore, it is posed that executive
agencies are unfairly burdened by the costs associated with these positive
obligations, especially keeping in mind that these obligations were
enumerated as directive principles by the framers on account of practical
considerations. This criticism mirrors the familiar philosophy of ‘judicial
restraint’ when it comes to constitutional adjudication.

63
People's Union for Civil Liberties Vs. Union of Indiaand Ors of 2001
 However, the second objection to the reading in of positive
obligations raises some scope for introspection amongst judges. It can be
argued that the expansion of justifiability to include rights that are difficult
to enforce takes away from the credibility of the judiciary in the long-run.
The judicial inclusion of socio-economic objectives as fundamental rights
can be criticized as a theoretical exercise, which may have no bearing on
ground-level conditions. In turn the inability of state agencies to protect such
aspirational rights could have an adverse effect on public perceptions about
the legitimacy and efficacy of the judiciary. The judiciary must be free fair
and fearless. In article 124 of Indian consultation in part 4 has upholded
independence of judiciary.64
His understanding was perfect Upendra Bakshi has observed that
when justice is accomplished both ideologically and professionally grass
rout analysis is required.65

The following expose encapsulates the arguments offered against the

constitutional prescription of aspirational rights, such as directive principles:
Jeffrey Usman, ‘Non-justifiable Directive. The prescription of normative
rights always carries the risk of poor enforcement. However, the question we
must ask ourselves is whether poor enforcement is a sufficient reason to
abandon the pursuit of rights whose fulfillment enhances social and
economic welfare. At this point, one can recount Roscoe Pound’s thesis on
law as an agent of social change. The express inclusion of legal rights is an
effective strategy to counter-act social problems in the long-run. At the level
of constitutional protection, such rights have an inherent symbolic value

64
Basu Durgadas, Commentary on Constitution of India, 7th Edition, Vol G-1, Wadhwa Publication, New
Delhi,
65
V.R. Chandrashekar Rao, Op.Cit. p. 42
which goes beyond empirical considerations about their actual enforcement.
The colonial regime in the Indian subcontinent periodically made legislative
interventions to discourage retrograde and exploitative social practices such
as Sati (immolation of widows), prohibition of widow-remarriage and child
marriage. Even though there have been persistent problems in the
enforcement of these legislations, in the long run they have played an
important part in reducing the incidence of these unjust customs. It is evident
that in the short run even the coercive authority of law may not be enough of
a deterrent, but in the long run the very fact of the continued existence of
such authority helps in creating public opinion against the same practices. In
the same way the framers of our Constitution sought to depart from the
inequities of the past by enumerating a whole spectrum of rights and
entitlements. While the understanding of ideas such as ‘social equality’ and
‘religious freedom’ is keenly contested in the legislative as well as judicial
domains, there is no doubt constitutional rights have been an important tool
of social transformation in India. The enumeration of the various civil
liberties and protections against arbitrary actions by the state are now
identified as core elements of citizenship and violations provoke a high
standard of scrutiny both by the judiciary as well as by civil society groups.
The inclusion of entitlements such as universal adult franchise have greatly
reduced the coercive power of casteist and feudal social structures and
empowered political parties that represent historically disadvantaged
sections such as the Scheduled Castes and Scheduled Tribes. Dr. Ambedkar
was of the opinion that after independence also the untouchables would have
to use the different methods of political resistance because Swaraj as not
completely moved the wheel of democratic revolution. 66
Even though practices such as untouchability, forced labor and child
labor have not been totally eradicated, Dr Ambedkar given the provisions in
our constitution prohibiting the same are the bedrock behind legal as well as
socio-political strategies to curb the same. The Supreme Court of India has
further internalized the importance of laying down clear normative standards
which drive social transformation. Its interventions through strategies such
as the expansion of Article 21 and the use of innovative remedies in Public
Interest Litigation (PIL) cases has actually expanded the scope and efficacy
of constitutional rights by applying them in previously un-enumerated
settings. Furthermore, the Courts allow groups and interests with unequal
bargaining power in the political sphere to present their case in an
environment of due deliberation. The dilution of the rules of standing among
other features has allowed the Courts to recognize and enforce rights for the
most disadvantaged sections in society through an expanded notion of
‘judicial review’. Dr. Ambedkar may not have thought of these innovations
on the floor of the constituent assembly, but would have certainly agreed
with the spirit of these judicial interventions. He was of the opinion that
ethical values or moral codes will be voluntarily accepted by the people and
no external force will be required to implement them.67 His socialism was
having moral base.
4.8.(1) Moral Obligation Of State
Dr. Ambedkar was of the opinion that, State shall moral obligation to
follow the directives article 36 to 51.

66
Chavan Sheshrao, Op.Cit. p. 84
67
Ibid. p 105
 Article 36 in its scope defined the State in Article 12 shall apply
throughout in Part IV. It shall have a moral obligation to follow the
directives. It will be in the manner the promotion of cottage industries,
prohibition of consumption of intoxication or of slaughter of cows and Milch
Cattle, improvement of public health and of the level of nutrition of the
people68 Since the definition of State includes the Executive origin of the
Government, it follows the directives can be implemented by executive
action69
The Article 37 i.e. application of principles contended in this part i.e.
in Directive Principles of State Policy are not enforceable by any Court, but
the principles therein laid down are nevertheless fundamental in the
governance of country and it shall be duty of the State to apply these
principles in making law. For to bring implementation of Dr.Ambedkar’s
State Socialism effective present report of National Commission is necessary
to implement.
In the report of National Commission to review the working of
Constitution, commission has suggested a mechanism for realization of
Directive principles. In Chapter III para 35, Commission has stated
thus :
1. State should derive appropriate mechanism for realization of Directive
Principles, the commission does not propose to recommend a
complaint procedure inasmuch as it is more concerned with a
procedure which will ensure proper allocation of resources for the
realization of the right to work, health, food, clothing, housing,

68
Buddhu V/s. Allahabad Municipality, AIR 1952 ALL 753, Ratlam Municipality V/s. Vardhichand AIR
1980 SC 1622
69
Gidhey Club V/s. Delhi Administration AIR 1980 DEL 33
 education and culture. Domestic bodies in various countries have
different composition, membership and powers.
2. In the view of commission there must be a body of high status which
first reviews the State of the level of implementation of the directive
principles and economic, social and cultural rights and in particular

i) The right to work

ii) The right to health
iii) The right to food, clothing and shelter
iv) The right to education upto and beyond 14th years
v) The right to culture.

The said body must estimate the extent of resources required in each
State under each of the heads and makes recommendation for allocation of
adequate resources, from time to time. For ensuring that the directive
principles of State policy are realized more effectively the following
procedure is suggested:
i) The Planning Commission shall ensure that there is a special mention
/ emphasis in all the plans and schemes formulated by it, on the
effectuation realization of Directive Principles of State policy.

ii) Every Ministry / Department of the Government of India shall make a

special annual report indicating the extent of efficiency / realization of
the Directive Principle of State Policy, the shortfalls in targets, the
reasons for the shortfalls, if any, the remedial measures taken to
ensure the full realization, during the year under report.

iii) The report under attempt (ii) shall be considered and discussed by the
Department related parliamentary standing Committee which shall
 submit its report on the working of Department indicating the
achievements / failures of the Ministry / Department along the
recommendations thereto.
iv) Both the above reports (ii) and (iii) shall be discussed by the Planning
Commission in an interactive seminar with the representatives of the
various NGOs, Civil Society Groups, etc. in which the representative
of the Ministry/Department and the Departmental Related
Parliamentary Standing Committee would also participate. The report
of this interaction shall be submitted to the Parliament within a time
bound manner.
v) The Parliament shall discuss the report at (iv) above within a period of
three months and pass a resolution about the action required to be
taken by the Ministry/ Department. (3) A similar mechanism as
mentioned above may be adopted by the States.70
3. Dr. B.R. Ambedakar told the constituent assembly that every
Government, Central, State and Local “shall be on the anvil, both in
daily affairs and at the end of certain period when the voters and
electorate will be given an opportunity to assist the work done by the
Government ……….. while we have established political democracy,
it is also the desire that we should lay down as our ideal economic
democracy ………… there are various ways in which people believe
that economic democracy can be brought about we have deliberately
not introduced in the language that we have used in the directive
principles something which is fixed or reached. We have left enough
room for the people of different ways of thinking, with regard to the

70
Durga Das Basu – Commentary on The Constitution of India 8th Edition 2008 publisher Lexis Nexis
Butterworths Wadhwa Nagpur – page No.4014-4015
 reacting of the ideal of democracy. Our objective in framing the
Constitution is twofold :
i) To lay down the form of political democracy and also to prescribe that
every Government whatever is in power, shall strive to bring about the
economic democracy…….”71
Dr. Ambedkar’s view in nutshell one can know he was not only in
keen interest to bring a political democracy but his desire was also to bring
an ideal economic democracy. The directive principles Court cannot enforce
them but they are nevertheless fundamental in the governance of the
country.

In Keshavanand Bharati v/s. State of Kerala the nature and object of

directive principles is stated: thus, the directive principles of state policy set
forth the humanitarian socialist precepts that were the aims of Indian social
evaluation ………… Part III & IV essentially form a basic element of
Constitution, without which its identity will completely change. A number
of provisions in Part III And Part IV are fashioned in Union Declaration of
human rights …………………. Part III of the Constitution shows that the
founding fathers were equally anxious that it should be a Society where
citizens will enjoy the freedom and such rights as are the basic elements of
those freedom without which there cannot be no dignity of the individual.
Our Constitution maker did not contemplate in disharmony between
fundamental rights and the directive principle. It can be well said that the
directive principles prescribe the goal to attend and fundamental rights laid
down the means by which the goal was to be achieved (Per Shelat and
Grover JJ.) The directive principle and fundamental rights mainly proceed

71
Constituent Assembly debates, Vol. VII Pp 494-95
on the basis of human rights, freedom is nothing else but a chance to be
better. It is this liberty to be better that is the theme of directive principles of
state policy in Part IV of the Constitution (Per Hegde and Mukherjee JJ.)
The scheme of Constitution generally discloses that the principles of
social justice are placed above individual rights and whenever or wherever it
is considered necessary, individual rights have been subordinated or cut
down to give effect to the principle of social justice. Social justice means
various concepts which are evolved in the directive principles of the State
policy (Per Ray J.) The objective of directive principles of State policy is to
establish a welfare state where there is economic and social freedom,
without which political democracy has no meaning (Per Jagmohan Reddy J.)
The significant thing to note about Part IV, although its provisions are
expressly made enforceable, that does not affect its fundamental character.
Enforcement by Court is not a real test of law. (Per Mathew J.)
Fundamental rights are the ends of endeavours of the Indian people for
which the directive principles provided guidelines (Per Beg J.) The basic
objective of confirming freedom on individuals is the ultimate achievement
of the ideals setout in Part IV. Fundamental rights which are confirmed and
guaranteed by Part III of the Constitution undoubtedly constitute the arc of
Constitution and without them a man’s reach will not exceed his grasp but it
cannot be over stretched that the directive principles of state policy are
fundamental in governance of the country. What is fundamental governance
of the country cannot be surely be less significant than what is fundamental
in the life of the individual (Per Chandrachud J.)72 The directive principles
were declaration of economic independence, a declaration that the privilege

72
Durga Das Basu – Commentary on The Constitution of India 8th Edition
2008 publisher Lexis Nexis Butterworths Wadhwa Nagpur – page No.4019-4020
of colonial area had ended, that the Indian people (through the democratic
institution of Constitution) had assumed economic as well as political
control of the country and that the Indian capitalist should not inherent the
empire of British colonist. The idea of incorporating in the Constitution non
justiciable directive was of course taken from Constitution of Eira (4015
ante). As Dr.Ambedkar explained the precedent under the Government of
India Act, 1935 of issuing instruments of instructions to the Governor
General also influenced the makers of the Constitution. In other words of
Dr.Ambedkar, again,73 enacting this part of Constitution, “the assembly is
giving certain direction to future legislation, and future executive to show in
what manner they are to exercise the legislature and the executive powers
they will have. Surely it is not the intention to introduce in this part, this
principles are merely pious declarations. It is the intention of assembly that
in future both the legislature and executive should not merely pay lip service
to this principles but that they should be made the basis of all legislative and
executive action that they may be taking hereafter in the matter governance
of the country.”74
As Dr.Ambedkar observed in Constituent Assembly .. “…. If it is said
that directive principles have no legal force ……, I am prepared to admit it.
But I am not prepared to admit that they have no sort of binding force at
all…… nor I am prepared to concede that they are useless because they have
binding force in law. The draft Constitution as framed only provides a
machinery for the Government of the country. It is not a contravenes to in
a nutshell any particular party in power as has been done in some countries ..
who should be in power is left to determine by people, as it must be, if the

73
CAD Vol VII page 41 (CAD Vol VII Page 476)
74
CAD Vol VII page 41 (CAD Vol VII Page 476)
system is to satisfy the test of democracy. But whoever captures power will
not be free to do what he likes with it. In the exercise of it, he will have to
respect this instruct of instructions which are called Director principles. He
cannot ignore them. He may not have to answer for their breach in Court of
law but he will certainly have to answer for them before the electorate at the
election time. What great value these directive principles possess will be
realized better when the forces of right contravened to capture power.75 He
said … the intention was that in future the legislature and executive should
not merely pay lip service to these principles but they should be made the
basis of legislative and executive function. They may be taking hereafter in
the matter of governance of the country ………. It was not an attempt to
incorporate in Chapter IV the positive mandate to the State and prescribe the
manner in which those mandates were to be realized. The directive
principles were intended to impart continuity to national policy and their
flexibility made it possible for the parties of the right and left to strive in
their own way to reach the ideals of social and economic democracy
whenever they would get an opportunity to form the Government after
having received the verdict of the people at the path.76
The fundamental rights and directive principles are two wheels of
chariot as an aid to make social and economic democracy a truism77

Fundamental rights are not end in themselves, but are the means to an
end specified in Part IV. Just as the right confirmed by Part III would be
without a radar and a compass, if they are not geared to an ideal, in the same
manner the attainment of the ideal set out in Part IV would become a

75
CAD Vol VII page 41
76
CAD Vol VIII page 382
77
Jilubhai Nanabhai Khachar V/s. State of Gujarat AIR 1995 SC 142
pretence for a tyranny, if the price to be paid for achieving the ideal is
human freedom. Anything which destroys the balance between the two Parts
will ipso facto destroy the essential elements of basic structure of
Constitution.78 Even the conditions for the exercise by each individual of his
fundamental rights cannot be ensured unless and until the directive
principles are implemented.79
4.8.(2) welfare of the people.
Article 38 i.e. state to secure a social order for promotion of the
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 social order in its justice,
social, economic and political shall inform all the institutions of the
national life.
2. The state shall in particular strive to minimize the inequalities income,
and endeavour to eliminate inequality in status, facilitates and
opportunities, not only among us individual but also amongst groups
of people residing in different areas or engaged in different occasions.
This Article and succeeding ones show that framers of our
Constitution did not contemplate purely “police state” but a “welfare
state” The functions of which should, within the bounds of the
Constitution and subject to its limitations, be commensurate with the
public welfare.80
The object in Article 38 to evolve a State which must constantly strive
to promote welfare of people by securing and making as effectively as it
may be a social order in which social, economic and political justice shall
78
Minerva Mills Ltd. V/s. Union of India AIR 1980 SC 1789
79
Keshavananda Bharati V/s. State of Kerala 1973 (4) SCC 225 (Para 486, 596, 712-15, 1036, 1044, 1212)
80
CF. Loknath V/s. State of Orissa AIR 1952 ORI. 42 (47)
inform all institution of the national life and to minimize inequalities in
income and endeavour to eliminate inequalities in status, facilities,
opportunities amongst individuals and groups of people residing in different
areas or engaged in different obocations. Article 38 reaffirms what has been
declared in preamble to the Constitution, viz., the function of Republic is to
secure inter alia, social, economic and social justice. It was held therein that
the preamble and Article 38 envision social justice as the arch to ensure life
to be meaningful and liveable with human dignity and the Article envisages
not only legal justice, but also socio economic justice as well. Affirmative
action through public interest litigation as remedial measure is supported by
constitutional provision in Article 38 read with Article 19 and 21.81
4.8.(3) Role Of Court : (Court should make a positive and mandatory
order. )
The Supreme Court held that interpreting and applying Section 133 of
the Cr.P.C. and allied municipal laws, Court should have regard to directive
in Article 38 to promote welfare of the people and social justice so that
where a municipality has failed to remove filthy conditions of drains etc., in
slums, the Court should make a positive and mandatory order directing the
municipality to remove the public nuisance within a given time, irrespective
of financial resources of the municipality.82
Regarding the payment of family pension it was held that pension is a
right and not a bounty or gratuitous payment and does not depend upon the
discretion of the Government, where a Government servant rendered service
to compensate for which a family pension scheme is devised, the widow and
the dependent minor would be equally entitled to family pension, as a matter

81
Peoples Union for Democratic Rights V/s. Union of Indian AIR 1982 SC 1473
82
Ratlam Municipality V/s. Vardhichand AIR 1980 SC 1622
of right taking into consideration Article 38, 39 and 41 of Constitution and
also the relevant Pension Rules likewise, any pension scheme is to be
construed liberally taking into consideration the Preamble and Directive
Principles of State Policy.83
Taking into consideration large number of rape cases, Court observed
that under Article 38(1) it is necessary to set up a Criminal Injuries
Compensation Board. Court directed to pay interim compensation to the
victim. The Court took judicial notice of the fact that woman in our Society
belongs to classes of group of Society who are in a disadvantage position
and are victims of tyranny at the hands of man.
4.8.(4) Policy Principle for State

Article 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; 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

83
D.S. Nakra V/s. Union of India AIR 1985 SC 1196
 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.

These Articles makes clear what has already been pointed out viz., the
end of the State in India is not doctrinaire but practical. The humanist path
towards socialist pattern of Society is ideal for India and Article 39 (b) and
(c) listed these ideas and it also illustrates the doctrine of growth
accompanies by distributive justice.84
A. Equality Between Sexes As To Livelihood Clause 39 (A) I.E.

Man and woman doing the same work or work of similar nature
should get equal pay. In determining whether the work done is similar, the
Court should take a broad view and also strike down any discrimination
made on ground of sex.85
B. About Distribution Of Material Resources Clause (B) And (C)
The directive principles cannot directly override the fundamental rights
and because without implementation of the directive, the very condition for
the enjoyment of fundamental rights by all cannot be created, the
Constitution has been amended several times, culminating in the insertion of
Article 31 (c) to ensure that the implementation of Article 39 (b) and (c) may
not be blocked by the guarantee of fundamental rights.

84
Churk Cement Mazdoor Sangh V/s. State of U.P. AIR 1992 ALL 88.
85
Mackinnon Company V/s. Audrey 1987 2 SCC 469 Para 7, 9
 The right to economic justice to schedule caste/schedule tribe and
other weaker Section is a fundamental right to secure equality of status,
opportunity and liberty in rural India, land provides economic status to the
owner. The state, is therefore, under a Constitutional obligation to ensure to
them opportunity of giving its largess to the poor to augment their economic
position. Assignment of land in favour of such person with a condition that
it cannot be alienated is in consonance with the Constitution policy and is
protected under this Article. Under this Article, the state is enjoyed to
distribute largess, land, to subserve public good taken along with Article
46.86 Abolition of Inamdaris, Protection of Tenants at Will and Subtenants,
Ceiling on Holdings also was on account of this Article. Nationalization of
industry and businesses, nationalization of coal mines, validity of drug price
control also comes within the ambit of this Article.
C. Clause (d) i.e. equal pay for equal work and Clause (e) i.e. the
evils about prostitution and clause (f) i.e. childhood and youth
against exploitation

This clause of Article 39 is to be read with fundamental rights i.e. Part III
and Preamble of Constitution. In the vision of father of Constitution i.e.
Dr.Ambedkar, the welfare it appears to the last man of Society as well as
like first man of Society.

Through there is no specific Fundamental Right guaranteeing ‘equal

pay for equal work’, the Directive in Article 39 (d) which directs the State in
its policy, equal pay for equal work for men and women has been read into
Article 14, for the purpose of invalidating an administrative order which
violated equal pay to women employees. Thus, the right to equal pay for

86
Papaiah V/s. State of Karnataka AIR 1997 SC 2676
equal work has been raised to the status of a fundamental right. Yet, in Steel
Authority of India Ltd. V. State of West Bengal, the Supreme Court of India
ruled that, “equal pay for equal work is not applicable to contract workers.”

D. Dignity of woman upheld by the Apex Court.

No legal consequences, citizens will forget the case of Rupen Deol Bajaj
V/s. K.P.S. Gill87 which upheld the dignity of women. In this case the Apex
Court did not allow the blue eyed and the mighty Police Supremo Mr.Gill to
escape judicial scanning of his alleged insult to the modesty of the
Complainant who has non else but a very sensitive IAS Officer. In
Vishaka V/s. State of Rajasthan88 the Court has enacted law to provide for
the effective enforcement of the basic human right of general equality and
guarantee against sexual harassment and abuse, more particularly against
sexual harassment at work place. The Apex Court laid down guidelines and
norms until legislation is enacted for the purpose, it was further emphasized
that this would be treated as a law declared by Apex Court under Article 141
of the Constitution. Thereafter also the States effectively failed to follow the
said law and the cases about atrocities and sexual harassment of woman are
ongoing. The Apex Court further delivered a judgment in a Writ Petition,
Medha Kotwal Lele & Ors. V/s. Union of India and others. 89 The said
Authority is delivered by Their Lordships Hon’ble Justice Shri R.M. Lodha,
Shri Anil R. Dave, Shri Rajan Gogai. In the said authority at the introductory
para stated as follows :

87
AIR 1996 309
88
AIR 1997 SC 3011
89
Reportable in Supreme Court of India Original Appellate Jurisdiction Writ Petition (Criminal) Nos.173-
177 of 1999
 “The Vishaka judgment came on 13th August 1997. Yet, 15 years after
the guidelines were laid down by this Court for the prevenetion and redressal
of sexual harassment and their due compliance under Article 141 of the
Constitution of India, until such time appropriate legislation was enacted by
the parliament, many women still struggle to have their most basic rights
protected at work place. The statutory law is not in place. The protection of
women against sexual harassment at work place Bill, 2010 is still pending in
parliament though Lok Sabha is said to have passed that Bill in the first
week of September 2012. The belief of the Constitution framers in fairness
and justice for women is yet to be fully achieved at the work places in the
country.” In para 13 it is stated as follows :
“The implementation of guidelines in Vishaka has to be not only
formed but substance and spirit so as to make available safe and secure
environment to women at work place. In every aspect and thereby enabling
the working women to work with dignity, decency and due respect. There is
still no proper mechanism in place to address the complaint of sexual
harassment of the women lawyers in Bar Associations, lady doctors and
nurses in medical clinic and nursing homes, women architects working in
the offices of the Engineer and Architects and so on and so forth.”

In para 15 it is stated as follows :

“As the largest democracy in the world, we have to combat violence

against women. We are of considered view that the existing law, if
necessary, be revised and appropriate new laws be enacted by parlimanet
and legislateure to protect women from any form of indecency, indignity and
disrespect in all respect in at all places (in their homes as well as outside),
prevent all forms of violence – domestic violence, sexual assault, sexual
harassment at the work place, etc. and provide new initiative for education
and advancement of women and girls in all spheres of life. After all they
have limitless potentional, lip service, hallo statement, inert and inadequate
law with sloppy enforcement are not enough for true and genuine upliftment
of our half most precious population – the women.
In para 16 the Hon'ble Court passed a direction (iii) The State and
Union Territory shall form adequate number of complaint Committee so as
to ensure that they function at Taluka level, district level and State level.
Those State and/or Union Terrtiroy which have formed only one Committee
for the entire State shall form adequate number of complaints Committee
within two months from today. Each of the complaint Committee shall be
headed by a woman and as far as possible in such Committees an
independent member shall be associated.
(iv) The State functionary and public sector
undertakings/organization/bodies/institutions etc., shall put in place
sufficient mechanism to implement full implementation of the Visakha
guidelines and further provide that if the alleged harasser is found guilty, the
Complainant – victim is not forced to work with/under such harasser and
where appropriate and possible the alleged harasser should be transferred.
Further provision should be made that harassment and intimidation of
witnesses and the Complainant shall be made with severe disciplinary
action.

(v) The Bar Council of India shall ensure that all bar association in the
country and persons registered with the Bar Councils follow the Vishaka
guidelines. Similarly, medical council of India, council of Architecture,
institute of chartered accountant, institute of company secretary and other
statutory institute shall ensure that the organization, bodies, associations,
institutions and persons registered / affiliation with them follow the
guidelines laid down by Vishaka. To achieve this, necessary institution /
circular shall be issued by all the statutory body such as Bar Council of
India, Medical Council of India, Council of Architecture, Institute of
Company Secretary within two months from today. On receipt of any
complaint of sexual harassment at any of the places referred to above the
same shall be dealt with by the statutory body in accordance with Vishaka
guidelines and the guidelines in the present order.

In para 17 it is stated as follows :

We are of the view that if there is any non compliance or non

adherence to Vishaka, order of this Court following Vishaka and the above
direction, it will be open to the aggrieved person to approach the respective
High Courts. The Hon'ble Court of such State will be in better position to
effectively consider the grievances raised in that regard.

That being a fundamental right under Article 21 and the State

machinery is also directed by the directive principles of state policies to
protect the woman/females under Article 39 of the Constitution of India.
Failure to follow the same still it is found that day to day the atrocities and
harassment of women is ongoing. To estoppels the said harassment it is
necessary to the State to follow the direction made in Vishaka V/s. State of
Rajasthan and in Medha Kotwal & Ors. V/s. Union of India and others.

E. 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.

The Law Commission advocated legal aid, so that the poor man can
afford a lawyer. When the accused is unable to engage a lawyer owing to
poverty of similar circumstances, the trial would be vitiated unless the State
offers free legal aid for his defence by engaging a lawyer to whose
engagement the accused does not object.90

That the Apex Court in the matter of Hosket Vs. State of Maharashtra
delivered a judgment, to compel the jail Authority to supply free copy of the
judgment to the prisoner so that he may exercise his right to appeal.91 The
right to legal aid has been extended to the proceeding U/Sec.110 of the
criminal procedure code 1973, where there is no trial.92

F. Clause 40. Organization 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.

In the draft Constitution “organization of village panchayat did not

find a place. The subject was brought up much later, before the constituent
assembly through the initiation of Dr.Rajendra Prasad himself the Chairman
of Constituent Assembly and an ardent Gandhian, who wrote to the Advisor
Sir B.N. Rau that the that the structure of the Constitution should begin from
the foundation and then go up. Others also suggested that instead of copying

90
Hussainara V/s. State of Bihar AIR 1979 SC 1969, 1980 (1) SCC 98 (Para 6 and 7)
91
1978 (3) SCC 544 (Para .. 11-13, 24)
92
Gopal Anachari V/s State of Kerala (1980 suppl. SCC 649) (para 6)
Western models, the Constitution should have been drafted on the ancient
Hindu model of a State, and built upon Village Panchayat. Dr.Ambedkar, the
Chairman of the Drafting Committee, forcefully presented a most scathing
criticism of the village communities. He observed: “The love of the
intellectual Indian for village community is of course infinite if not pathetic.
They have survived through all vicissitudes may be a fact. But survival has
no value. The question is one what plane they have survived ……….. What
is the village, but a sink of localism, a den of ignorance, narrow mindedness
and communalism ? ………… I am glad that the Draft Constitution has
discarded the village and individual as its unit.?93

Dr. Ambedkar met stiff opposition from all sections of the Constituent
Assembly, except two members; he ultimately gave up and accepted the
Amendment94 which finally took the shape of Art. 40 of the Constitution,
Political autonomy and economic independence were both advocated for the
village Panchayats. The amendments which incorporated the idea of “self-
sufficiency”, etc. were dropped, and the language of this Article was kept
flexible providing for latitude to the States to determine the nature of
powers, its area and functions, etc. as they thought appropriate.95

3-Tier System

Part IX of the Constitution as inserted by the 73rd Amendment 1992,

envisages a three-tier system of Panchayats, namely, (a) the village level; (b)
The District Panchayat at the district level; (c) The Intermediate Panchayat
which stands between the village and district Panchayats in States where the

93
CAD, Vol. III, p. 39
94
CAD, Vol. III, p. 45.
95
Durga Das Basu – Commentary on The Constitution of India 8th Edition 2008 publisher Lexis Nexis
Butterworths Wadhwa Nagpur – page No.4103.
population is above 20 lakhs. (In some States, these bodies are known as
Local Board, Union Board or Taluka Board.)
All the seats in a Panchayat shall be filled by persons chosen by direct
election from territorial constituencies in the Panchayat area. The electorate
has been named ‘Gram Sabha’ consisting of persons registered in the
electoral rolls relating to a village comprised within the area of a Panchayat.
In this way representative democracy will be introduced at the grassroots.
The chairperson of each panchayat shall be elected according to the
law passed by a State and such State law shall also provide for the
representative of Chairpersons of Village and Intermediate Panchayats in the
District Panchayat, as well as members of the Union and State Legislature in
the Panchayats above the village level.
Art.243 D provides that seats are to be reserved for (a) Scheduled
Castes, and (b) Scheduled Tribes. The reservation shall be in proportion to
their population. If, for example, the Scheduled Castes constitute 30% of the
population and the Scheduled Tribes 21% then 30% and 21% seats shall be
reserved for them respectively.
Out of the seats so reserved not less than one-third of the seats shall be
reserved for women belonging to Scheduled Castes and Scheduled Tribes
respectively.
Not less than one-third of the total number of seats to be filled by
direct elections in every Panchayat shall be reserved for women
4.8.(5) Reservation For Offices Of Chairperson
A State may by law make provision of similar reservation of the
offices of Chairpersons in the Panchayats at the village and other levels.
These reservations favouring the Schedule Castes and Tribes shall cease to
be operative when the period specified in Art. 334 (at present 50 years, i.e.
upto 2000 A.D.) comes to an end.
A State may by law also reserve seats or offices of chairpersons in the
Panchayat at any level in favour of the backward classes of citizens.

4.8.(6) Clause 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.
4.8.(7)The Philosophy behind the right to work
Talks about equality, the right to living wage or to secure a decent
standard of living and the like become hollow unless every individual has
the opportunity to earn these things by suitable employment. But every
citizen may have this opportunity to satisfy his needs through work only, if
there is sufficient work and employment in the State to which he belongs.
In the modern world of unemployment and under-employment, there
is hardly any State where sufficient avenues of work are available to all its
citizens. The right to work of each individual involves an obligation on the
part of the welfare State to create the necessary quantum of work by
ensuring and promoting production, trade and business. But a limit to this
obligation is ‘the economic capacity and development’ of the particular State
for the time being, as Art.41 of our Constitution makes it clear.
4.8.(8) How Far Right To Work Exists Under The Indian Constitution
The Parliament has passed National Rural Employment Guarantee Act
(42 of 2005). 96 The Act is intended for the enhancement of livelihood,
security of the households in rural areas of the country by providing at least
one hundred days of guaranteed wage employment in every financial year to
every household, where adult members volunteer to do unskilled manual
work. The Act guarantees for unskilled manual work for not less than one
hundred days on payment of wages at the wage rate for each of work. It
further provides and directs the State governments to prepare a scheme for
providing not less than one hundred days of guaranteed employment. The
Act further provides for payment of minimum wages as prescribed by the
Minimum Wages Act, till the government fixes the rates of wages. If an
eligible applicant is not provided work as per the provisions of the
legislation within the prescribed time limit, it will be obligatory on the part
of the State government to pay unemployment allowance at the prescribed
rate. The Central and State governments are also obliged to establish funds,
viz., “National Employment Guarantee Fund and State Employment
Guarantee Fund.”
The following works in their order of priority shall be the focus of the
scheme :
(1) Water conservation and water harvesting, (2) drought proofing
(including afforestation and tree plantation), (3) irrigation canals including
micro and minor irrigation works, (4) provision of irrigation facility to land
owned by households belonging to Scheduled Castes and Scheduled Tribes
or to land or beneficiaries of land reforms or that of the beneficiaries under

96
Received the assent of the President on 5-9-2005 and published in Gazette of India, Part II, Section I,
Issue No.48 on 7-9-2005
the Indira Awas Yojna of the Government of India, (5) renovation of
traditional water bodies including desilting of tanks, (6) land development,
(7) flood control and protection works including drainage in water logged
areas, (8) rural connectivity to provide all weather access, and (9) any other
work which may be notified by the Central Government in consultation with
the State Government.
Hence, Arts.41, 45 read with Art.21, give rise to a fundamental right
to receive education up to the age of 14;97 and the State has, therefore, a
corresponding duty to establish educational institutions to enable the citizens
to enjoy the said right, within the limits of its economic capacity (paras 148-
495).98
In Unnikrishnan v. State of A.P., (supra), it was held that no capitation
fee shall be levied by any educational institution and also framed a Scheme.
In T.M.A. Pai Foundations v. State of Karnataka,99 the Scheme prepared in
Unnikrishnan’s case was overruled. But the direction that there shall be
capitation fee or profiteering was found to be valid. Primary education was
also declared as a fundamental right.

4.8.(9) Public Assistance In Old Age

In view of this Directive, the Supreme Court has held that the
President cannot exercise his power under Rule 9 of the Civil Services
Pension Rules, 1972 to withhold the pension of a retired employee, even in
part or for a temporary period, in the absence of a definite finding recorded

97
Unnikrishnan v. State of A.P., AIR 1993 SC 2178 : (1993) 1 SCC 645 (Paras 32, 45, 50) (CB).
98
Unnikrishnan v. State of A.P., AIR 1993 SC 2178 : (1993) 1 SCC 645 (Paras 32, 45, 50) (CB).
99
T.M.A. Pai Foundations v. State of Karnataka, AIR 2003 SC 355 : (2002) 8 SCC 481.
in a departmental or judicial proceeding that the Pensioner committed grave
misconduct or negligence in the discharge of his duty while in the office.100

4.8.(10) Clause 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. It is as per international charters
universal declaration of human rights, 1948 Article 23 and 25 i.e. right to
work, free choice of employment, protection against unemployment and
everyone who works has right to just and favourable remuneration for
himself and his family and existence worthy of human dignity by other
means of social protection.

4.8.(11) International Covenant On Economic Social And Cultural

Rights, 1966 Article 7.

Special protection should be accorded to mothers during the

reasonable period before and after child birth. During such period working
mother should be accorded paid leave or leave with adequate social security
benefits.
For the first pregnancy whatever is needed to facilitate the birth of a
child to a woman who is in service the employer has to be considerate and
sympathetic towards her and must realize the physical difficulty which a
working woman would face in performing her duties at work place while
carrying the baby in the womb or while rearing the child after birth. The
Maternity Benefit Act, 1961. Court held that the benefit of legislation will
be available even to woman engaged on casual basis or on muster roll basis

100
Ajay v. Khalid, AIR 1981 SC 487 (499) : (1981) 2 SCR 79 : (1981) 1 SCC 722;
on daily wages and the benefit is not confined to woman in regular
employment. The Court further directed that the principles enumerated in
Article 11 of the convention have to read into contract of service. 101
Maternity relief in case of a girl student are concerned will include leave.102

Dr. Ambedkar by a Hindu Code Bill tried to give justice to the woman
on account of socio economic factors including dignity. The above Article
shows the sensitivity while drafting the Indian Constitution for to meet the
ends of justice as regards woman. Further there are many progressive
policies in DPSP
4.8. (12) Clause 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.
4.8.(13) Dr. Ambedkar thoughts on freedom of trade:
The chaotic situation that prevailed was noticed by Dr. Ambedkar and
he introduced draft articles to reduce the adverse effects of multiple taxation
in the Constituent Assembly. Dr. Ambedkar informed the Assembly that
sales tax had caused a great deal of difficultly in the matter of freedom of
trade and commerce. He further stated that this kind of chaos ought not to
be allowed and proposed to limit sales tax. These articles restrained States

101
Municipal Corporation of Delhi v. Female Worker (Muster Roll, AIR 2000 SC 1274.)
102
Nithya v. University of Madras AIR 1995 MAD 1964.
from levying sales tax on sales that had taken place outside the State or those
which were in the course of import or export.103
The said thoughts are also reflected in Article 19 of the Constitution
of India presently Article 19(g). The present Article is incorporated for
minimum wages can be termed as living wages which ensure not only bare
physical maintenance of health and decency.104 It has also held that read
with Article 23 and 43 enjoins that reasonable wages should be paid to the
prisoner for the work extracted by them while in jail.105 Decent standard of
life is being expected on account of shelter and accommodation by the
present Article.
4.8.(14) Clause 43.A Participation of workers in management of
industries.-
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 organizations engaged in any industry.

4.8.(15) 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.
Dr. Ambedkar explained in constituent assembly (7 CAD, P. 550) “In
fact the bulk of these different attempts of civil law have already been
codified during the British rule and the only major items still remaining for a
uniform code are marriage and divorce and inheritance, succession”
(adoption, guardianship). It is to be noted that several enactments which

103
Nani Palkhivala - The Courtroom Genius, Soli Sorabjee, Lexis Nexis Butterworths Wadhwa, Nagpur,
Edition - 2012, page 292.
104
Bajaj Cotton Mills v. State of Ajmer, AIR 1955 SC 53.
105
Standard Vacuum Refining Co. of India v. Workman AIR SC 895
have been made by Parliament since Independence in the name of Hindu
Code, relating to marriage, succession, adoption and guardianship relate
only to Hindu (including Buddhist, Jains and Sikhs) and excluded the
Muslim who are the major SLIC of the minority communities in India and
who are more vociferously objecting to framing of a Uniform Civil Code
relating to this matters for all the citizens of India. The object behind the
Article 44 is to effect an integration of India by bringing all communities on
the common platform on matters which are at present governed by divorce
personal laws but which do not form the essence of any religion e.g. divorce,
maintenance for divorce. Dr. Tahir Mohamed in his book on “Muslim
Personal Law” 1977 Edition pp.200-02 had made a powerful play for
framing a uniform civil code for all citizens of India. He says.. pursuance of
the goal of secularism, the state must stop administering religion based on
personal law.” And made an appeal to the Muslim communities .. thus ..
instead of wasting their energy in exerting theological and political pressure,
in order to secure an immunity for their traditional personal law, on the
State’s legislative jurisdiction, the Muslim will do well to begin exploring
and demonstrating how the true Islamic laws purged of their own time –
worn and anachronistic interpretations, can enrich the Common Civil Code
in India.” Along with this appeal, the author has made an earnest attempt to
trace the history of codification and development of the law in the major
countries of the Muslim world (Algerian Family Code, Egyptian law, Syria,
Tunisia, Turkey, etc.)

4.8.(16) Muslim arguments against Uniform Code.

Muslim opposed Article 44 after four decades of commencement of

Constitution.
4.8.(17) Argument against Article 44.

It says it is opposed to the Shariat. It stands in the way of maintaining

Muslim identity.

It is next contended that even a common code be desirable, it could

not be brought out until the Muslims themselves comes forward to adopt it.

It is urged that Shariat or Muslim Personal Law is immutable being founded

on the Quran which is ordained by God.

Even if a Common Civil Code is formulated it should be optional for

the Muslim to adopt its provision. Shariat has been controlled by legislation
in Pakistan and Bangladesh by the ordinance in the year 1961. In India a
uniform law of maintenance was adopted, Sec.488 of CPC 1898 which
extends to Muslims as well. When Sec.125 of Cr.P.C. 1973 extended it to
divorce woman, Muslims contended that it should not be applied to Muslim
as it was contrary to Shariat. The contention was turned down by Supreme
Court in Shah Banu’s case.106

The Uniform Civil Code the Article’s wording is very speaking but it
is not uniformly followed whatsoever under religion or tradition due to non
compliance uniformly on account of population control also, the nation has
suffered a lot.

4.8.(18) Clause 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.

106
Ahmed v. Shah Banu AIR 1985 SC 945
4.8.(19) Clause 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.
August 1917 - Dr. Ambedkar had to leave his studies of law,
economics and political science half way in London due to expiration of
scholarship107
Today also it will be found that students are leaving their higher
education due to insufficient funds for their basic requirement. The
scholarships provided today are not sufficient. By the virtue of Article 46
that is about promotion of educational and economic interest of Schedule
Caste, Scheduled Tribes and other weaker section protected. The
scholarships which were in the academic year 1980/1990 they are as like
same today. The issue which is raised is about rise in prices of necessary
commodities is hundred times more than what was prevalent in that decade.
The employees who work for the State and Union due to they are organized
by Union and Association, the legislature established Pay Commission to
recommend increase in Pay. The Students who are the beneficiaries of
Government of India’s scholarships, they are due to insufficient scholarship
are found mostly leaving their studies. Some of them work in the hotels,
restaurants as a waiter. Many a times i.e. the Schedule Caste Commission
has recommended in his recommendation about higher education
scholarship as follows :

107
Letters of Dr. Babasaheb Ambedkar to Karmaveer Dadasaheb Gaikwad Editor Prof. Waman Nimbalkar
First Edition Prabodhan Prakasan Nagpur 440027 page No.508
a. Scholarship for higher education for technical professional courses
should be provided. Sometime it is found that in some States post
matric scholarships given is less than the amount of prematric
scholarship. Therefore it is suggested that State Government should
utilities matching grants where funds are inadequate. Since committed
liabilities are not met by the State Government due to financial
constraint and Central Government is not providing fund due to strict
financial discipline imposed by Ministry of finance and welfare.
Schedule Caste and Schedule Tribe boys and girls are facing hardship
due to non payment of scholarship amount under post matric and
prematric scholarship scheme. Commission therefore recommends
that state should get their full requirement of non plan funds for post
matric scholarship and prematric scholarship to children of those
engaged in unclean occupation as a part of Finance Commission
Award. If states are not able to meet the requirement from non plan
side the central Government may continue to release the funds under
the scheme to protect the interest of Schedule Caste and Schedule
108
Tribes for their educational development. This was the
recommendation to chapter IV of educational development of
Schedule Caste and Schedule Tribes in annual report of 1996-1997
and 1997-1998 by the Commission which works under Article 338 of
Indian Constitution and bound to submit a report to President of India
under clause 5 (d) to present to the President, annually and at such
other time as commission may deem fit, reports upon the working of
these safeguards. (e) to make in such report recommendation as to the

108
National Commission for Schedule Caste Government of India Annual Reports 1996 and 1997 and 1997
and 1998 Vol.I ncsc.nic.in/pages/view/200/199-1996-1997 and 1997-1998-vol-I
 measures that should be taken by union or any state for the effective
implementation of those safeguards and other measures for the
protection, welfare and socio economic development of Schedule
Caste.
b.. The President shall cause all such reports to be laid before each house
of Parliament along with a memorandum explaining the action taken
or proposed to be taken on the recommendations relating to the union
and the reasons for the non acceptance, if any, of any of such
recommendation.
C.. Where any such report, or any part thereof, relates to any matter with
which any State Government is concerned, a copy of such report shall
be forwarded to the Governor of the State who shall cause it to be laid
before the Legislature of the State along with a memorandum
explaining the action taken or proposed to the State and the reasons
for the non-acceptance, if any, of any of such recommendations.109

The settled position of law protects by the virtue of above stated

provision of Constitution, thereafter also students of certain classes are to be
suffered. It is necessary to establish scholarship commission as like Pay
Commission. National Commission for Schedule Castes in Financial Year
1997 about the scholarship issue but the subject remains as on place but the
academic journey of the students of Schedule Castes also break down. This
is nothing but failure on the part of welfare State. Dr. Ambedkar’s vision
one can say remains in Constitution not in practical life. State Government
as the State like Maharashtra if not sharing into those scholarships, it is a
hardship for the students. Establishing a scholarship commission is must in

109
The Constitution of India Eastern Book Co. Lucknow page 268 Edition 2009
the present scenario when the 80% and more students after matriculation are
leaving the academic studies from Schedule Caste and Schedule Tribes.

4.8.(20) The Scope Of Article 46 Is About Promotion Of Educational

And Economic Interest Of Weaker Sections.
Article 46 does not ignore the minimum primary needs of our Society.
The Supreme Court in Prithi Shrivastava v. State of M.P.110 also held that
special provision for S.C./S.T. for admission to medical college, the
lowering of qualifying marks should be minimal in the post graduate level
…… the scope of Article 46 is wider than Article 15 (4) or 16 (4) the object
of Article 46 may be served by majors other than reservation in educational
institution or employment under the State. But since it does not confer any
justiciable right, member of backwards classes cannot obtain relief from the
Court when he is denied any concession in school fees, but the state may
impose such a condition while granting recognition or affiliation. 111 The
State of Maharashtra while passing a resolution for establishment of foreign
university, they failed to follow the Article 15 (4), 16(4) and Article 46 by
not bringing the reservation policy. This was the shame on the part of the
State. The Ministers in the public meeting starts the speech by the name of
Phule Shau Ambedkar to show their political parties welfare part to the
Schedule Caste, Schedule Tribes and OBCs but introducing such an
important Bill about establishment of foreign university denied reservation
in it. Ultimately due to the agitation and representation made to the
Governor, it was known that Governor has sent back for fresh consideration
to the Ministry.

110
AIR 1999 SC 2894
111
Unnikrishnan v. State of A.P., AIR 1993 SC 2178 : (1993) 1 SCC 645 (Paras 87-88, 226) (CB)
 The First Backward Class Commission headed by Kaka Kalelkar
submitted its report on March 30, 1955, recommending that factors such as
traditional occupation and profession, percentage of literacy and general
educational advancement, estimated population, and classifying a
community as a ‘backward class’. The Commission also opined that the
social position occupied by a community in the caste hierarchy would have
to be taken into account when identifying backward classes for the purpose
of job reservation Interestingly, Kaka Kalelkar, who was the chairman of
this Commission, had second thoughts after signing the report and ,in his
covering letter addressed to the President of India, he virtually pleaded for
the rejection of this report on the ground that the recommendation for caste-
based reservations would be detrimental to national interest and unity!112It
was only in the year 1979 that the Union of India got around to appointing a
second commission, popularly known as the Mandal Commission, for
determining the criteria for defining ‘socially and educationally backward
classes’ and to examine the desirability of providing for reservation in public
services and posts in favour of such backward classes of citizens. It is
interesting to note that even the terms of refrence of the Mandal Commission
never used the expression ‘any backward classes’ and referred only to
‘socially and educationally backward classes’. The report of this
Commission was submitted on December 31, 1980, and it relied almost
exclusively on caste as the predominant criterion for reservation in
Government jobs. Significantly, Indira-Gandhi never implemented this

112
Nani Palkhivala -The Courtroom Genius , Soli Sorabjee ,Lexis Nexis Butterworths Wadhwa,
Nagpur,Edition- 2012, page190-191.
report, although it was tabled in Parliament first in 1982. 113 After Indira-
Gandhi tragic assassination, her son Rajiv Gandhi stormed to victory on a
massive sympathy wave, winning almost four-fifths majority in the Lok
Sabha. He too did not implement the Mandal Commission Report.114
V.P. Singh became the Prime Minister in the 1989 election, V.P.
Singh, by announcing a 27% reservation for OBCs, altered the political
landscape of the country forever.
The Mandal Commission was appointed by the president under
Article 340. The Constitution of India.
The V.P. Singh Government issued an Office Memorandum (O.M.)
dated 13th August, 1990, that provided, for the first time, 27% of reservation
for OBCs in public service.
The Mandal case which is known as Indra Sawhney v. Union of India.115
And lastly the OBC reservation was protected by Supreme Court.

The court observed that the Indian Constitution was founded on the
bedrock of the balance between Parts III and IV- i.e. between fundamental
rights and Directive Principles. Any attempt to give primacy to the Directive
Principles would disturb the harmony of the Constitution. This harmony
and balance between fundamental rights and Directive Principles was an
essential feature of the basic structure of the Constitution. Goals or
objectives set out in Part IV had to be achieved without abrogation of the
means provided in Part III.116 Subsequent events have shown the necessity of

113
Nani Palkhivala -The Courtroom Genius , Soli Sorabjee ,Lexis Nexis Butterworths Wadhwa,
Nagpur,Edition- 2012, page192.
114
Nani Palkhivala -The Courtroom Genius , Soli Sorabjee ,Lexis Nexis Butterworths Wadhwa,
Nagpur,Edition- 2012, page192.
115
AIR1993SC477
116
Nani Palkhivala -The Courtroom Genius, Soli Sorabjee, Lexis Nexis Butterworths Wadhwa, Nagpur,
Edition - 2012, page183.
the basic structure doctrine and it has been the bulwark against repeated
attempts of politicians to subvert the Constitution. It is now accepted by
everyone in India that Parliament should not be given unlimited power to
amend the Constitution.117
Whatever its defects and the manner in which the case was heard and
judgment delivered, the formulation of the basic structure theory saved
democracy and preserved the rule of law. Our political leaders, with nothing
else in mind but political vote banks and the next election, will never be able
to destroy the basic features of our Constitution.118
4.8.(21) Resolution No. 10, Subject- provision for Education
The working committee of all India Scheduled Castes Federation feels
that unless persons belonging to scheduled castes are able to occupy posts,
which carry executive authority, the scheduled caste must continue to suffer
as they have been doing in the past all the injustices and indignities from the
hands of the Government and Public.
The working committee therefore regards the spread of higher and
advanced education among the scheduled caste as of vital importance them.
But it cannot be denied that such advanced education is beyond the means of
scheduled castes.

The committee regards it as essential, that a definite liability should be

imposed on the state to provide funds for that purpose and demands that the
constitution should impose an obligation upon the Provincial Government
and Central Government to set apart adequate sums as may be specified by

117
Nani Palkhivala -The Courtroom Genius, Soli Sorabjee, Lexis Nexis Butterworths Wadhwa,
Nagpur,Edition- 2012, page.141.
118
Nani Palkhivala -The Courtroom Genius , Soli Sorabjee ,Lexis Nexis Butterworths Wadhwa,
Nagpur,Edition- 2012, page142.
the constitution exclusively for advanced education of scheduled castes in
their annual budgets and to accept such provisions as a fast change on their
revenues.119
4.8.(22) Educational views:
“An educated person would play as a role of engine to the entire
society. Society should get direction like engine, and it could be drawn by
the elite, educated person. An educated has to cooperate with each and every
120
member of the society for the development of desired future.” “An
education is very important role in human life, as our basic needs such as
food, clothes and shelter as lord Buddha said.” 121 “I had a speech at Shyam
hotel, Nagpur addressing to my people that, “I know that you people are
interested in politics other than the religion. But I am interested in religion
than politics. Schedule caste federation would cultivate self-respect and
self-confidence, among our oppressed schedule caste people.

The situation is that now people from other casts are not ready to vote
for our cast representatives. The persons, leaders who considered the views
and approaches of our people by their help we have to formed the separate
political party.You people also try to work politically with other party
members too. This is the time to get review of the situation,” 122
Buddha Said……….

119
Vidyarthanow Jagraut Wha! Shaishanik Margdarshak, Writer: Dr. Babasaheb Ambedkar Editor- Bharat
Waghmare ,Publishing: Prabudh Bharat Pustakalya, Panchashil Nagar, Nagpur, page.157.
120
“My Autobiography” Dr.B.R. Ambedkar, Edited by : J.G.Sant, Published by: Sahil Prakashan, Jalna,
Maharashtra. Page No.75.
121
“My Autobiography” Dr. B.R. Ambedkar,Edited by : J.G. Sant, Published by: Sahil Prakashan, Jalna,
Maharashtra. Page No.77.
122
“My Autobiography” Dr. B.R. Ambedkar, Edited by : J.G. Sant, Published by: Sahil Prakashan, Jalna,
Maharashtra. Page No.100.
The solution on poverty is only Education that’s why Dr. Ambedkar
Compared an educated person as a engine for entire society and it was
expectation by an educated to co-operate the needy for the Development of
the community society in present era these thoughts are seems to be never
followed. It appears even in Dalit presently there are two classes are born
one class behave in the manner as a Dalit Brahmin whereas other class
socio economic condition became Dalit to poor Dalit. This classification has
to be end by some or other way. The needy Dalit, Adiwasi must required
micro-reservation in present Constitutional Reservation on very ground
socio, economic condition. The demonstration is not fit the purpose to bring
SC. ST. within the preview of Crimilayer but it is expected that concession
can be enjoyed by the SC, ST Community in toto. But as Dr. Ambedkar
expected by Elected Class to be engine of the society so practically the class
from SC, ST, who are in the services as like IAS, IPS, IRS, IFS and state
services should scarifies their right of their children’s reservation to the
needful class from ST,ST still which is surviving under below poverty line
Dr. Ambedkar was not at all having compromise about self respect and self
confidence and he always thinks “Religion is more important than politics”
but present political leadership it seems they are less worried about self
respect and they are lack of confidence they love politics more then religion.

Grandson of Dr. Ambedkar Advocate Prakash Ambedkar followed

line this was best efforts. The idea of Advocate Prakash Ambedkar is
required to be appreciated being Bahujan together nationwide to bring
socialism in the vision of Ambedkar in the practical séance. There is no
motive to highlight by Adv. Prakash Ambedkar Leadership either Prakash
Ambedkar or Bahujan Samas Party Leader Kumari Mayawati known some
Dalit/Bahujan leader as like Ramvilas Paswan, Udit Raj, Chagan Bhujbal,
Gopinath Munde, may be required to be take an initative for the very
purpose ‘Bahujan Hitaya Bahujan Sukhaya’ in nut shall that must be the
agenda of State Socialism and directive Principle.
4.8.(23) Integration Maharashtra:
One day an editor of “Prabhat’ Mr. Nawre and one more editor of
‘Tarun bharat’ Mr. Madkhulkar had came to meet me regarding the moment
of separate Maharashtra. I had asked both of them that where they thought
that we would be again become the slave of the foreigner and if so we have
to make separate Maharashtra for our Maharashtrian people. I asked them
that why they would be unable to considered ourselves as an Indian instead
of as a Maharashtrian. I would like to ask them as I said that what efforts
had been put by the people like them to unite our country? Why it could not
happened? And why they had not interested to unite the Maharashtra with
the nation? Why they could have struggled for the moment of one language,
one religion as the state as Maharashtra concerned? I stated they have to
spend their time to unite over all the country instead of united Maharashtra.
I had asked them that had they knows the history of united America?
How United America had accepted united with the states & had build up the
essence of equality among them. In their history, It had divided among
German, Italian, Portuguese, Spanish, English & French Language of the
united Nation, I thought that would be the only way to had equality for the
same. So I would like to request them that instead of binding with the state
of Maharashtra, try to bind them with the single rope of the nation. I
believed me at first as an Indian and at the end to the same which I proud of.
123

4.8.(24) Clause 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.
4.8.(25) International Charters.
Universal Declaration of Human Rights, 1948 – Art.25 and
International Covenant on Economic, Social and Cultural Rights, 1966 –
Art.12 which is introduced for attainable standard of physical and mental
health, environmental and industrial hygiene, reduction of the still birth rate
and of infant morality and for health development of the child. Also for
control of epidemic, endemic, occupational and other diseases, assure to a
medical service and medical attention in the event of sickness.

Right to food. Is being introduced in American Constitution on

human rights under Article 12 of it.

4.8.(26) Medicines For All:

National Sample Survey data indicate that free drugs supplied during
hospitalization declined from 31.20 per cent in 1986-87 to 8.99 per cent in
2004. The high cost of medicines from the mid-1990s resulted in out-
patients not receiving drugs in one-fourth of all cases by 2004, up from

123
“My Autobiography” Dr. B.R. Ambedkar,Edited by : J.G. Sant, Published by: Sahil Prakashan, Jalna,
Maharashtra. Page No.112 & 113.
12.11 per cent in the base year. It is important therefore that the central
government acts urgently on the expert group's suggestion to move to a
system where essential medicines are available free of cost to everyone. It is
estimated that this can be achieved through a four-fold increase in public
spending on drugs. Such a programme should rely mainly on quality generic
drugs produced by a revitalised public sector and compulsory licensing
under the TRIPS Agreement of WTO. It is worth pointing out that in the
absence of social health insurance, several patented medicines are beyond
the reach of the majority of Indians. 124

Article 47 of Indian constitution specify about state shall regard the

raising of level of nutrition and slandered of living of its people and
improvement of public health as amongst Primary duties. The international
covenant on Economic, Social and Cultural rights 1966, Art 12 provides ‘
The states parties to present covenant recognized the right of everyone to
enjoyment of the highest attainable standard of physical and mental health.

A legislative measure to check menace of growing population was

held to be valid It was held that fundamental rights are not to be read in
isolation. They have to be read along with the chapter on Directive
Principles of State Policy and the Fundamental Duties enshrined in Art. 51A.
None of the lofty ideals envisaged under Art. 38 or 47 can be achieved
without controlling population inasmuch as the material resources are
limited and claimants are many. The problem of population explosion is a
national and global issue for which priority in policy-oriented legislation,
wherever needed, is necessary. Legislative measures to check the menace of

124
THE HINDU THURSDAY, December 29,2011, page 12, Editorial, Chennai Editions
growing population is valid .125 A provision that person who has more than
two children is not qualified to hold office in a local authority was, therefore,
held to be valied.126 The Report of the National Commission to Review the
working of the Constitution, in Chapter III para 32, has stated thus: “The
Commission noted with concern that proper planning and monitoring of the
socio-economic development of the country is considerably hampered and
neutralized by the exponential growth of population.”

The Commission, therefore, recommends that the following Article

should be added as Directive Principles of State Policy after Art. 47 of t he
Constitution: Art. 47A. Control of Population- “The State shall endeavour to
secure control of population by means of education and implementation of
small family norms.”127

The majors by an amendment by control of population for socio-

economic development as prescribed by the national commission is required
to be appreciated by inserting amendment Art.47 by Art.47A.

It has been held that a law of prohibition cannot be challenged on the

ground of contravention of Art. 19(1)(g), because dealing in liquor would
not come within the category of ‘trade or business’ which is guaranteed by
Art. 19(1)(g).128

125
Commentary on the Constitution of India , Durga Das Basu 8th edition 2008, LexisNexis Buttterworths
Wadhwa, Nagpur. Art.47, Part IV- Directive Principles of State Policy Page 4164
126
Javed V. State of Haryana, AIR 2003 SC3057 2003) 8 SCC 369.
127
Commentary on the Constitution of India, Durga Das Basu 8th Edition 2008, LexisNexis Buttterworths
Wadhwa, Nagpur. Art.47, Part IV- Directive Principles of State Policy Page 4164
128
Commentary on the Constitution of India, Durga Das Basu 8th Edition 2008, LexisNexis Buttterworths
Wadhwa, Nagpur. Art.47, Part IV- Directive Principles of State Policy Page 4163
4.8.(27) It Is Required To Prohibit Trade Of Alcohol, Liquor And Drugs
For Healthy Society.
The Planning Commission had no choice. The results of the 2009-10
edition of the five-yearly large sample survey of consumption by the
National Sample Survey Organisation are in the public domain. So it had to
release the official estimates of poverty that are based on them. They point
to a seven-percentage-points reduction in the national incidence of poverty
between 2004-05 and 2009-10. Public attention is focused on the fact that
the “poverty lines” on which these estimates are based appear ridiculously
low: a per capita daily consumption expenditure of Rs. 28.35 and Rs. 22.42
in urban and rural areas respectively. This is not a mere statistical issue. That
line was also initially presented as the benchmark to determine who would
or would not be eligible for access to a range of state subsidies and benefits.
It held that eligibility for state support would be determined using a different
methodology with data collected by a Socio-Economic and Caste Census.
The official poverty line has a sanctity derived from its role in identifying
“below poverty line” beneficiaries. That ‘line' is, however, controversial. It
was meant to identify those with an average daily per capita calorie intake
below 2400 calories in rural areas and 2100 calories in urban areas. In the
event, the government is caught in a statistical trap over poverty. It would do
well, therefore, to give up its effort to find a benchmark for targeting its
flagship social programmes and opt for universalisation, which has much
else to recommend it as a principle. The poverty estimate would then not
matter much.129

129
The Hindu Thursday, March 22,2012, page 12, Editorial, Chennai Editions
 The Planning Commission's claim in its March 19 report that poverty
has declined in the country by 7.3 per cent is totally unacceptable, the
Planning Commission to obfuscate data so as to justify the exclusion of a
large number of the poor and deny them the benefits of anti-poverty and
welfare schemes. Women from the underprivileged and marginalised
sections of society were being particularly affected because their poverty
was being deliberately made invisible, as a result of which they were unable
to access many schemes meant for them, “It is shocking that despite
widespread protests from all quarters about the absolutely unrealistic poverty
lines being used for poverty estimation, the Planning Commission has once
again used such faulty data to argue that poverty has declined. It is also not
clear how the poverty lines, which, according to the affidavit filed by the
government in the Supreme Court in September 2011 were around Rs. 26
per person per day [rural] and Rs. 32 per person per day [urban] have now
suddenly been brought down to Rs. 22 and Rs. 28 [estimated from the
monthly per capita poverty line mentioned in the recent note]. It has to be
reiterate that all these lines are actually “destitution” lines and do not reflect
the reality of people's daily lives,”
National poverty line of Rs. 22.40 per day for an adult in rural areas
and Rs. 28.65 per day for an adult in urban areas in 2009-10. Anyone
spending more than this is being categorised non-poor. On the basis of these
flawed figures, the Planning Commission claims that the proportion of
below poverty line (BPL) persons has gone down by 7 per cent between
2004-05 and 2009-10.

“This shows the huge gap between the members of the Planning
Commission and the reality lived by crores of people in this country who
have been burdened by relentless price rise amid meagre incomes. It hardly
needs to be stated that these are destitution lines and it is a shame that an
institution chaired by the Prime Minister should produce such absurd
figures,” the statement said. It said what was “shocking” is that even with
these gross under-estimates, large proportions of our population are shown
to continue living in destitution.
The recently released Household Amenities and Assets Census 2011,
it said the figures show the extent of poverty in different spheres in India. It
has to be consider the Planning Commission's poverty estimates to be a
“dishonest attempt” to conceal the reality of glaring inequalities and
increasing poverty in India.
Montek Singh says he is willing to revise poverty estimates on the basis of
expert opinion.130
By saying that anyone with a daily consumption expenditure of
Rs.28.35 in cities (and Rs. 22.42 in rural areas) is above the poverty line, the
Planning Commission has insulted the collective intelligence of our nation.
It is not expected by the virtue of part IV i.e. Directive principles of
state policy. The chairman for planning commission is prime Minister of
India and he has to very honest. The III schedule of constitution of India by
which oath of office for a Ministers has to do swear , solemnly affirm for
true faith and allegiance to the constitution of india and also to uphold to
sovereignty and integrity of india. The said constitution frame has to be bare
in the mind while discharging the duties may be as a chairman of planning
commission as prime minister failing to which the society has to face the
consequences.

130
THE HINDU Wednesday, March 21,2012, page 16,News item, Chennai Editions
 Dr. Ambedkar’s view on family planning means for control of
population are very clear, Ambedkar was of the opinion that population can
be controlled by means of family planning “Ambedkar agreed that there was
no doubt in many places injustices prevailed in the distribution of property
and impartial public workers must take all steps to secure justice for the
wronged person in this respect, it is, however, necessary to remember the
mere equal distribution will never be able to bring about a permanent and
material amelioration of the condition of the masses unless growth of
population was controlled by means of family planning.131 The thought of
Dr.Ambedkar is required to be appreciated by the State Machinery but it is
not found on account of the political agenda which takes a root in the
religious votes in general elections as Islamic extremists groups opposed to
follow the Uniform Civil Code and to have a sympathy by these or that
political party such important thought of Dr. Ambedkar are not came in
existence till today and nation is suffering due to imbalance of population.

Dr. Ambedkar has moved a non official Bill on the population control
through his lieutenant, Shri Roham in Bombay assembly on 10th November
1938, Dr. Ambedkar strongly recommended the methods of birth control.
According to Dr. Ambedkar the methods of birth control was in the interest
of downtrodden and poor people of the country. These lower strata of the
Society can achieve economic development by keeping their family small.
He raised a very important question namely “What is more important, birth
rate or survival rate ? He then argued that if there is a higher birth rate after
three children. There is a higher mortality rate and poor survival rate. He,

131
Geographical thoughts of Dr. B.R. Ambedkar by Dr. Deepak M. Wankhade First Edition. Publisher
ISBN..978-81-8733-88-1 Gautam Book Centre Delhi 93 page 9.
therefore, said that survival rate is more important than the birth rate and
birth control would go long way in improving the health and financial
condition of the scheduled caste people. This argument is not only
convincing but also full of truth that is universally applicable to all poor
communities.”132 Dr. Ambedkar said that all the population irrespective of
their caste, religion, creed or language must adopt the measure of birth
control but he had given more stress on the welfare of the Schedule Caste
and Schedule Tribe and they must utilize these methods to check
population.133 Dr.Ambedkar tabled this bill in the Assembly but the political
parties did not favour this bill. He gave warning to younger persons to bear
in mind that to have many children is a social crime.134 The legislature if
while discharging their part of duty if they bear in mind the above thoughts
of Dr. Ambedkar they may then it is necessary to amend Article 47 by an
amendment inserting Article 47A i.e. about control of population – “the state
shall endeavor to secure control of population by means of education and
implementation of small family norms and also it requires an amendment in
Criminal Procedure Code and Indian Penal Code for breach of the same it
must be punishable as the offence of “treason” which means offences against
the State.
None of the lofty ideals of Arts.38 and 47 can be achieved without
controlling the population, since the material resources are limited and
claimants are many. Fundamental duties as envisaged under Art.51-A too
indicates that expansion of population must be within reasonable bounds. A

132
Geographical thoughts of Dr. B.R. Ambedkar by Dr. Deepak M. Wankhade First Edition. Publisher
ISBN..978-81-8733-88-1 Gautam Book Centre Delhi 93 page 10
133
Geographical thoughts of Dr. B.R. Ambedkar by Dr. Deepak M. Wankhade First Edition. Publisher
ISBN..978-81-8733-88-1 Gautam Book Centre Delhi 93 page 10
134
Geographical thoughts of Dr. B.R. Ambedkar by Dr. Deepak M. Wankhade First Edition. Publisher
ISBN..978-81-8733-88-1 Gautam Book Centre Delhi 93 page 11
legislation which provides for disqualification from occupying an elected
office by person having more than two children is amied at population
control and a social welfare legislation coming within Art.38. Courts will
declare such legislation as invalid.135 The Government servants who works
within the ambit of Art.12 of Constitution they are only bound for family
planning to secure control of population the questi
On raised why not for the corporate, businessman and professional,
scot-free them to have more than two child, it is in practical sense,
discrimination with those are within the ambit of Art.12. The Supreme Court
judgment about more than two children is not qualified to hold the office
which was delivered in Javed v. State of Haryana is required to be seen as a
precedent under Article 141 of Constitution of India not only upto the
Government service but also for corporate, businessman, professionals such
as Advocates, Doctors, Chartered Accountant, Accreditation Card Holder
Journalist, Editors, public service providers viz. taxi drivers, auto rickshaw
drivers, fruit vendors, footpath stalls, vegetable vendors either prior to the
registration or licensing they may be asked to require to furnish a small
family Affidavit as like to the public servant and thereafter if they commit
breach the license is required to be cancelled or revoked or the Authority
should have power to take necessary steps against violation proposed
amendment to Article 47A of the Constitution of India, and the same must
be punishable as the offence as well as for “treason” which means offences
committed against the State.

135
Javed v. State of Haryana AIR 2003 SC 3057.
4.8.(28) Article 48. Organization 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.
Article 48 consists of two parts. The first part enjoins the State to
“endeavour to organize agricultural and animal husbandry” and that too “on
modern and scientific lines.” The expression is not only on ‘organisation’,
but also on “modern and scientific” lines. The subject is ‘agricultural and
animal husbandry.’ The second part of Art.48 enjoins the State de hors, the
generality of the mandate contained in its first part, to take steps in particular
“for preserving and improving the breeds and prohibiting the slaughter of
cows and calves and other milch and draught cattle.136
Dr. Ambedkar stresses the need for thoroughgoing land reforms,
noting that smallness or largeness of an agricultural holding is not
determined by its physical extent alone but by the intensity of cultivation as
reflected in the amounts of productive investment made on the land and the
amounts of all other inputs used, including labour. He also stresses the need
for industrialisation so as to move surplus labour from agriculture to other
productive occupations, accompanied by large capital investments in
agriculture to raise yields. He sees an extremely important role for the state
in such transformation of agriculture and advocates the nationalisation of
land and the leasing out of land to groups of cultivators, who are to be
encouraged to form cooperatives in order to promote agriculture.

136
Narayana Rao v. State Bank of India 1999 AIHC 639 (Kant.)
 Intervening in a discussion in the Bombay Legislative Council on
October 10, 1927, Dr. Ambedkar argued that the solution to the agrarian
question "lies not in increasing the size of farms, but in having intensive
cultivation that is employing more capital and more labour on the farms such
as we have." (These and all subsequent quotations are taken from the
collection of Dr. Ambedkar's writings, published by the Government of
Maharashtra in 1979). Further on, he says: "The better method is to
introduce cooperative agriculture and to compel owners of small strips to
join in cultivation."
During the process of framing the Constitution of the Republic of
India, Dr. Ambedkar proposed to include certain provisions on fundamental
rights, specifically a clause to the effect that the state shall provide
protection against economic exploitation. Among other things, this clause
proposed that:
* Key industries shall be owned and run by the state;
* Basic but non-key industries shall be owned by the state and run by the
state or by corporations established by it;
* Agriculture shall be a state industry, and be organised by the state taking
over all land and letting it out for cultivation in suitable standard sizes to
residents of villages; these shall be cultivated as collective farms by groups
of families.

As part of his proposals, Dr. Ambedkar provided detailed explanatory

notes on the measures to protect the citizen against economic exploitation.
He stated: "The main purpose behind the clause is to put an obligation on the
state to plan the economic life of the people on lines which would lead to
highest point of productivity without closing every avenue to private
enterprise, and also provide for the equitable distribution of wealth. The plan
set out in the clause proposes state ownership in agriculture with a
collectivised method of cultivation and a modified form of state socialism in
the field of industry. It places squarely on the shoulders of the state the
obligation to supply the capital necessary for agriculture as well as for
industry."
Dr. Ambedkar recognises the importance of insurance in providing the
state with "the resources necessary for financing its economic planning, in
the absence of which it would have to resort to borrowing from the money
market at high rates of interest" and proposes the nationalisation of
insurance. He categorically stated: "State socialism is essential for the rapid
industrialisation of India. Private enterprise cannot do it and if it did, it
would produce those inequalities of wealth which private capitalism has
produced in Europe and which should be a warning to Indians." 137 As
Supreme Court in the matter Raghunath v. State clarified about Article 48
i.e. organized agriculture, there is no violation of the directive if suburbs are
brought within the limits of Municipal Corporation, on other hand, chances
of organizing agriculture on model lines would be better. 138 Directive
principles, fundamental rights and fundamental duties are to be beared in
mind by the common man along with legislature, executive, judiciary to
strengthen the nation. The Court overruled the part of the decision in Mohd.
Hanif Qureshi’s case, wherein total prohibition was confirmed only to cows
and calves and to those animals which are presently or potentially capable of
yielding milk or of doing work as draught cattle, but does not protect the
cattle which has ceased to be so. Court gave predominance to fundamental

137
www.frontlineonnet.com/fl/1915/19151150.htm, volume 19, Issue 15, July 20 – August 02, 2002
138
Raghunath v. state AIR 1982 Pat 1 (para 14)
rights only without taking into consideration the Directive Principles. While
over-ruling that part of the decision, Court took into consideration the later
development in law, i.e. harmonious construction between Fundamental
Rights and Directive Principles and held that ‘prohibition’ amounted only to
a ‘reasonable restriction’ and hence valid. The Court took into consideration
the additional materials to come to the conclusion that though the cow and
her progeny have ceased to ‘milch”, they still continue to be very useful to
Indian agriculture. It was held that as soon as milch cattle cease to produce
milk, it does not go out of the purview of Art.48. It was held that Art.48 is
to be interpreted read along with Art.51A, which mandates that State and
every citizen must have compassion for living creatures. A cattle which has
served human beings is entitled to compassion in its old age, when it has
ceased to be milch or draught, though it has become “useless” in that sense.
The weak and meek need more of protection and compassion. On ceasing to
be ‘milch or draught’, it cannot be pulled out from the category of “other
milch and draught cattle.” The decision gives full effect to Art.48 and has
given a wide interpretation to protect cows and their progeny, and it includes
cattle which have become permanently incapacitated to be used for milch
and draught purposes.
4.8.(29) Article 48a. 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.

Though Art.48 nor 51A is judicially enforceable by itself, it becomes

enforceable through the expanding interpretation of Art.21, so that in case of
failure of the foregoing duties the Supreme Court or a High Court would
entertain a Petition under Art.32 or 226 as a Public Interest Litigation
brought by any individual or institution in the locality or any social action
group, even by a letter.
Under Art.21 a person has a fundamental right to the enjoyment of
pollution-free air and water, which are necessary for the full enjoyment of
life.
The state must take effective steps to protect the rights to life,
pollution-free air and water and in implementing this duty, the state must
have regard to the evolving international dimensions and standards, relating
to the corresponding human rights. but in adopting the code of conduct on
Transitional Corporations and in granting licenses to such Corporations, the
State must maintain the sovereignty and integrity of the Nation and the
Constitutional rights of our citizens to recover compensation owing to
accidents caused by such corporations. It is never remain that not at all
directive principles of state policy are not enforceable before the Court of
law.
4.8.(30) Article 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.
4.8.(31) Article 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. Postscript – Shameful supersession of
judges.
 The judgment in Kesavananda Bharati was delivered on the last
working day of Chief Justice Sikri. He retired on April 25, 1973. The
tradition of appointing the senior most judge as the Chief Justice was
abandoned and Justice Ray, who was the fourth in the line of seniority,
superseded Justices Shelat, Hegde and Grover. Shamefully, this
announcement was first made known through a radio broadcast over the All
India Radio. The three superseded judges resigned, leading to widespread
protest throughout the country. In several High Courts, there was a boycott
of one day. Chief Justice Ray never commanded the respect that was due to
a Chief Justice. Over the years, his judgments were mainly in favour of the
Union of India. To be fair, he had struck down the Thirty-ninth Amendment
which sought to nullify the Allahabad High Court judgment and make the
election of the Prime Minister unquestionable in any Court of India. This
was done despite the Emergency. Similarly, he also stuck down the
Newsprint Control Order in the Bennett Coleman case in late 1972. But the
Bar never forgave him for being a party to the supersession of senior judges.
It is reported that when there were earlier attempts to supersede the senior
most judge, all the remaining judges threatened to resign. If Ray had set a
similar example, he would have greatly contributed to the independence and
prestige of the judiciary. The supersession of judges was just the beginning
of a continued onslaught on the judiciary which extended till 1977 and was
resumed once again after Mrs.Gandhi came back to power. 139
Justice H.R. Khanna gave a dissenting verdict that cost him the office
of Chief Justice. Justice M.H. Beg, who gave a favourable verdict,
superseded Justice Khanna and became Chief Justice. The message was

139
Nani Palkhivala - The Courtroom Genius, Soli Sorabjee, Lexis Nexis Butterworths Wadhwa, Nagpur,
Edition - 2012, Page 141
clear: ‘toe the line of the Government and be rewarded.’ H.R. Khanna lost
the Chief Justiceship of India but earned the affection and goodwill not only
of the entire Bar but millions of Indians as well.140
If it is the fact one cannot say judiciary is enjoying independence, so,
on account of thoughts of Dr. Ambedkar which are particularly attributed in
Preamble of the Constitution of India i.e. about justice will fail studying the
above facts as Lordship H.R. Kannan lost the Chief Justiceship of India. As
Fali S. Nariman “Before Memory Fades”…. An Autobiography – Chapter
XVI i.e. about “A case I won – but which I would prefer to have lost.”
I don’t see what is so special about the first five judges of the
Supreme Court. They are only the first five in seniority of appointment –
not necessarily in superiority of wisdom or competence. I see no reason
why all the judges in the highest Court should not be consulted when a
proposal is made for appointment of a High Court judge (or an eminent
Advocate) to be a judge of the Supreme Court. I would suggest that the
closed-circuit network of five judges should be disbanded.141
In respect of Judges of Supreme Court of India Article 124(2)
provided about the appointment of Judges. In respect of Judges of the High
Court Article 217(1) provided about the appointment.
However things changed with the Supreme Court’s literal
interpretation of the property clause of our Constitution beginning with
decisions in the 1960s, which were years of conflict between Parliament and
the superior judiciary. Under Article 31, as it originally stood in the 1950
Constitution, no person could be deprived of his property save by authority

140
Nani Palkhivala - The Courtroom Genius, Soli Sorabjee, Lexis Nexis Butterworths Wadhwa, Nagpur,
Edition - 2012, page 181
141
Fali S. Nariman “Before Memory Fades”…. An Autobiography – Chapter XVI page 387 Publisher Hay
House India Pvt. Ltd. New Delhi – 70
of law, and no property could be taken without payment of ‘compensation’ –
as the American Courts had said : ‘compensation’ meant ‘a just equivalent’
for the property taken. This almost set at naught the government’s avowed
policy of abolishing the old zamindaris because the country just could not
afford to pay the zamindars the full worth of vast lands taken over as a
measure of agrarian reform.
It was felt in the highest echelons of the government that judges of the
Supreme Court had become ‘property-minded’, out of tune with Society, and
that it would be appropriate if there were henceforth appointed on the
highest Court ‘forward-looking’ judges – judges who subscribed to the
economic policies of the government. The government at the time was a
majoritarian government composed of members of the single largest party in
Parliament (the Congress) – a party that commanded a majority sufficient to
secure the passage of almost any constitutional amendment.142
As the Architect of Constitution while framing Constitution were
conscious about independence of judiciary as above referred happens
interference it is injurious.
No one person can pronounce an opinion or form a judgement... upon
any disputed right of persons, respecting which doubt and confusion may not
be raised by those who may choose to call it in question; for very few of the
public or persons in office at home, not even the Law Officers, can be
expected to have so comprehensive and clear a view of the Indian system of
law, as to know readily and familiarly the bearings of each part of it on the
rest”.143

142
Fali S. Nariman “Before Memory Fades”…. An Autobiography – Chapter XVI page 391 Publisher Hay
House India Pvt. Ltd. New Delhi – 70
143
Dr Babasaheb Ambedkar: Writings and Speeches, 1989, vol. -6, p 65
4.8.(32)Establishment Of Judicial Commission For Appointment Of
Supreme Court And High Court

So nothing has worked well – neither the system of appointments

between 1981 and 1992 (where government had the veto), nor the post –
1993 system of appointments (where three and later five senior most of the
court had the right to recommend judges for appointment).
But then, is the National Judicial Commission the right answer? I sincerely
hope so. Will there not be more confusion in even greater numbers ?
Perhaps, there will be or perhaps not – only time and experimentation will
tell. The idea of a National Judicial Commission is an excellent one, but it
has somehow not passed muster with Parliament on three separate
occasions:
First, when the 67th Constitution (Amendment) Bill of 1990 was
introduced by Law Minister Dinesh Goswami on 18 August 1990 in the Lok
Sabha, pursuant to the recommendations of the 121st Law Commission
Report. But the idea of a National Judicial Commission which the Bill
envisaged could not be pursued since the government of Prime Minister V.P.
Singh resigned in November 1990.
Second, when during the regime of the successor government of
Chandrasekhar – Constituent Amendment Bill (Bill No.54 of 1990) was
prepared by Law Minister Ram Jethmalani (also making provision for a
National Judicial Commission); it could not even be introduced in the Upper
House since Prime Minister Chandrasekhar prematurely resigned after
support to his government was withdrawn by the Congress Party, and fresh
elections were called soon after.
 Third, an attempt was made by the Constitution 98th Amendment Bill,
2003 (prepared by Law Minister Arun Jaitley), again seeking to amend
Articles 124 and 217 of the Constitution to introduce the concept of a
National Judicial Commission, but this Bill lapsed with the dissolution of the
13th Lok Sabha in the year 2004.144
Dr. Ambedkar demonstrated tremendous foresight in the constituent
assembly when he called for deleting the phrase – ‘is in the opinion of the
state, not adequately represented’ – from Article 16(4). He believed that it
would become a matter of litigation and the Courts could substitute their
judgment on adequacy of representation by holding that a reservation was
being made despite being adequately represented.145
In nutshell for the transparency procedure is required and that
procedure only by way of appointing a National Judicial Commission by an
amendment in Article 124(2) and in Article 217(1) of the Constitution of
India, if not, not to meant for contempt but again someone will say a
Shameful supersession of judges.
4.8.(33) Parliamentary Committee Wants Reservation For Sc, St And
Obc In Higher Judiciary :
About the said the report is been published on newst ackindia.com/
newsdetails /700 which states as follows
August 18: Parliamentary standing Committee in a recommendation
extended reservation for SC, ST and OBC in appointment of judges of High
Court and Supreme Court the Judges Inquiry Bill.

144
Fali S. Nariman “Before Memory Fades”…. An Autobiography – Chapter XVI page 402 Publisher Hay
House India Pvt. Ltd. New Delhi – 70
145
www.thehindu.com/opinion/lead/winning-the-case-for-promotion-quotas/article3863068.ece
 The Committee is headed by Sudarshan Nachiappan accused the
higher judiciary system of denying post to competent person of the
disadvantage group through a shrewd process of manipulation.

He substantiated the argument by quoting 1993 judgment of Supreme

Court. “Even today there are complaints that generations of men from the
same family or caste, community or religion are being sponsored and
initiated and appointed as judges, thereby creating a new theory of judicial
relationship.”
He justified by saying, “The nexus and manipulative judicial
appointment have to be broken. Reservation in judiciary is the only
answer.”
The report is a step to end the “dubious distinction” among three
organ of a state that is executive, legislative and judiciary. He argued if the
two organs can give reservation then why not the higher judiciary.
Giving an account of 2002 Constitution Review report which says that
out of 610 judges, not more than 20 belong to SC and ST.
The parliamentary Standing Committee believes that judiciary too
should reflect the people’s aspirations and the Committee said, “Only when
candidates drawn from different sections of Society are appointed as judges,
they would understand the social flavor of the legislation passed by
Parliament and State legislature.”
The panel also recommended inclusion of non judicial member in
National Judicial Council and the empowered Committee which will be
represented by the three organ of state will decide appointment as well as
complaints against the judges.
 This report holds importance amidst the controversy of extending
reservation to OBC in centrally funded institution which has been deferred
by Supreme Court.146
As a guardian of the Constitution as against unconstitutional acts of
executive, the jurisdiction of the Court is nearly the same under all
Constitution system but not so is the control of judiciary over the
legislature.147
If it is a settled law, the legislature why for and what for waited for six
decades they failed to bring reservation in the higher judiciary i.e. in
Supreme Court and High Court. It is essential either to amend the
Constitution in Article 124 to bring reservation in the higher judiciary or in
Part XVI under special provisions relating to certain classes i.e. under
Article 330 amending as Article 331A for reservation in judiciary. The
representation in Supreme Court if it had been arithmetically tallied the
representation of the dalits / adivasi / obc will be found merely not even 1%
so if it is a factual matrix how long dalit and adivasi has to wait for adequate
representation in the judiciary.
4.8.(34) 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 organized peoples with one another; and
(d) encourage settlement of international disputes by arbitration.

146
newstrackindia.com/newsdetails/700
147
Durga Das Basu – Commentary on The Constitution of India 8th Edition 2008 publisher Lexis Nexis
Butterworths Wadhwa Nagpur – page No.5560
 51A. In the original Constitution of India of 1949, there was no
provision relating to fundamental duties. Part IVA has been added by the
Constitution 42nd Amendment Act, 1976 in accordance with the
recommendation of Swaran Singh Committee.148

Inclusion of duties in the Constitution is not found necessary because

they can always be imposed by state in absence of or consistently with the
fundamental rights. their inclusion, however reminds that the Constitution
presents an integrated scheme of which the fundamental or any other
constitutional rigthts are only a part. The scheme must be so seen as one.
The Constitution and its scheme envisages responsible citizens. In that
sense the fundamental duties person an educative role. They also have legal
valud in the sense that any laws which implement fundamental duties cannot
be invalid on the ground of conflict with the fundamental right unless such
conflict is irreconcilable. The rights must be reconciled with duties. The
reconciliation may not exactly of this kind as between fundamental rights
and directive principles because they constitute a scheme of rights. the
reconciliation will, however be on similar lines.149
The draft Constitution was presented by Dr. Ambedkar, with a
covering letter dated 21st February 1947 addressed to the President of
constituent assembly. That draft Constitution was released to public on 28th
February 1947. As stated earlier, Part III provided for legally enforceable
fundamental rights and for legally unenforceable directive principles. On
15th August 1948, in the Independence Day issue of the Hindu, Sir B.N Rau

148
Durga Das Basu – Commentary on The Constitution of India 8th Edition 2008 publisher Lexis Nexis
Butterworths Wadhwa Nagpur – page No.4215
149
V .N. Shukla on Constitution of India by Mahendrra P. Singh Professor of Law,
contributed a special Article on draft Constitution. In that Article, Sir B. N.
Rau said, inter alia,
“………. Certain lawyers object to the Part in the draft Constitution
dealing with ‘directive principles of State Policy.’ On the ground that
seeing the provision in that Part are not to be enforceable by any
Court, they are in the nature of moral precepts, and the Constitution,
they say, is no place for sermons. But it is a fact that many modern
Constitution do contain moral precepts of this kind nor can it be
denied that they may have an educative value.150 In the result, the
drafting Committee and constituent assembly by not incorporating
Shri B.N. Rau’s amendments showed clearly that they wanted to enact
legally enforceable fundamental rights and legally unenforceable
directive principles. Dr.Ambedkar, who was the Chairman of drafting
Committee and who was sponsored the Constitution through the
constituent assembly admitted by directive principles had no legal
force. Shri B.N. Rau whose draft of Constitution form the basis of
discussion in drafting Committee and in the constituent assembly
admitted that once the amendments had been rejected, directive
principles had no legal force but had moral effect by educating
members of the Government and the Legislature. Dr. Ambedkar
admitted that directive principles are unenforceable as even if he was
in favour, it must be enforceable thereafter also by democratic means,
once constituent assembly has rejected the issue comes to end until in
furtherance by way of bill is required to be brought before the House.

150
Constitutional Law of India H.M. Seervai Vol. II Universal Law Publication Co. Pvt. Ltd. Delhi.
Reprinted Edition 2007 Page No.1927.
 Hedge J. in his Rau Lectures said “…… a mandate of the
Constitution, though not enforceable by Courts is nonetheless binding
on all the organs of the State. If the State ignores those mandates, it
151
ignores the Constitution. “The question is whether our
programmes and policy have to any appreciable extent, reduce the gap
between the rich and the poor ? In our country there are innumerable
obstacles – mostly man made – that stand in the way of initiating or
implementing socio-economic reform. We hear so much about
corruption, nepotism, favoritism and casteism. These will, if allowed
to continue, corrode vitals of our body politics. I do not intend to paint
an unduly pessimistic picture and again, “further care should be taken
to see that sacrifices made are not allowed to go down the drain. A
just social order cannot built up by any Society if it is corrupt and no
amount of sacrifice can build a welfare State unless there is efficient
and honest administration.152 More or less in all the States the office
of Prime Minster through their Minister came in limelight in last two
decades about misusing of office for corruption. Rau’s thought about
directive principles about to make enforceable by Courts are required
to be presently understood by the present political parties.

Justice Hegde rightly stated about much corruption, nepotism,

favoritism and casteism. So social order cannot be built up, it is a
correct analysis.

151
Constitutional Law of India H.M. Seervai Vol. II Universal Law Publication Co. Pvt. Ltd. Delhi.
Reprinted Edition 2007 Page No.1929.
152
Constitutional Law of India H.M. Seervai Vol. II Universal Law Publication Co. Pvt. Ltd. Delhi.
Reprinted Edition 2007 Page No.1930.
 To bring in real sense Dr. Ambedkar state socialism reflected in
Indian Constitution preamble, part III i.e. fundamental rights, part IV
directive principles of state policy and part IV A fundamental duties as
required to be read together unless and until Dr. Ambedkar’s state socialism
cannot be achieved in the true sense.
4.9 Summary:
Thus in this chapter Dr. Ambedkar’s economics idea’s have been
presented in this chapter. Ambedkarism is based on social justice his
contribution to economic development was discussed in this chapter. Social
economic and political justice was explained. The role of government in
providing justice to weaker section was discussed. Further place of judicial
review was discussed the public interest litigation were discussed and finally
the role of judiciary was also explain. Thus socio economic and socio legal
ideas of Dr. Ambedkar were pin pointed.
In the next chapter relevance of economic idea’s of Dr. Ambedkar is
discussed.