Sol Du Indian Government and Politics Assignment Answer – 62321201 English BA Prog. 2nd Semester

Sol Du Indian Government and Politics Assignment Answer: इस आर्टिकल में आपको Sol DU के के सभी असाइनमेंट के आंसर मिलेंगे, जिसकी मदद से आप अपना असाइनमेंट जल्दी और आसानी से कर सकते

Sol Du Ba Bcom All Assignment Answer List

Some Tips To Get Good Marks In Assignment

While submitting the assignment you should take care of the following things to gain good marks

Mention Your School Roll No:

While submitting the assignment you have to check whether you have mentioned your school roll no clearly on the answer sheet or not. It is compulsory to mention the school roll no.

Signatures

You have to mention your signature clearly on every page of your answer sheet. It is clearly mentioned in the guidelines that the students need to mention their signature otherwise they can face some consequences.

Mention Your Exam Roll No

Your answer sheet will not be considered by the authorities if you didn’t mention your exam roll no on your answer sheet. So make sure that you mention and highlight your exam roll no to get good marks.

Use A4 Size Sheets Only:

You have to use the A4 size answer sheet in your assignment. You can use both plane and lining sheets as per your preference.

Sol Du Indian Government and Politics Assignment Answer – 62321201 English BA Prog. 2nd Semester

Question One

Analyze the Relationship between Fundamental Rights and Directive Principles of State Policy.

Answer

Sol Du Indian Government and Politics Assignment Answer: The Fundamental Rights are enshrined in Part III of the Constitution starting from Article 12 to Article 35 and it is believed that the framers of the Constitution in this regard have rightly derived their inspiration from the Constitution of the United States i.e. Bill of Rights. The rights thereby enshrined in Part III of the constitution encompasses in itself an elongated and comprehensive list of justifiable Fundamental Rights that can be enforced by the ordinary courts of the country. These Fundamental Rights contained in Part III of our constitution are much more extensive and elaborative than any other country of the world even more elaborative from where it has been borrowed (USA).

On the other hand of this article, we will explore that the Directive Principles of State Policy or the (herein referred to as DPSP) are encompassed in Part IV of the Constitution of India from Article 35-51. It is evident at this very stage, that the makers of the Constitution of India in respect to Part IV have derived and borrowed the idea and the concept of having the Directive Principles from Section 45 of the Irish Constitution of 1937 which in turn have copied it from the Spanish Constitution. These Directive Principles of the State Policy or “Novel Features” as termed by Dr. B.R. Ambedkar symbolizes and directs the state (As defined in Article 12 of the Constitution) with ideals and recommendations that should be kept in mind while framing policies and enacting laws. But unlike the former stands unjustifiable in nature.

Both the Directive Principles along the Fundamental Rights comprise the philosophy of the Constitution.

Fundamental Rights (Part – III)

As discussed earlier in this article, these justifiable Rights are enshrined in Part III of the Constitution of India (Article 12 to Article 35) and are called and named “Fundamental” because of two significant reasons:

  • Firstly, these rights are guaranteed and protected by the Constitution of the Country which is the fundamental law of the land.
  • Secondly, they become fundamental in the sense that they are most essential for the all-round material, intellectual, moral, and spiritual development of an individual.
  • Initially and Originally there were about seven fundamental rights but after the abolition of Zamindari Act 1950, there number reduced to about six which are as follow:
  • Right to equality (Article 14-18) which entails in itself that everyone stands equal before the law and equal treatment should be given to everyone thereby implying a complete prohibition of discrimination founded on the grounds of race, caste, creed, or gender.
  • Right to Freedom (Article 19-32): Each individual has the right to freedom to form an association, to peacefully assembly, to practice any profession, and carry on any trade, occupation, or business. Contains one of the most significant right i.e. Right to Life and Liberty (Article 21). Protection and rights to an accused in respect to arrest and detention for conviction of ay offense under the penal code of the country.
  • Rights against Exploitation (Article 23 and 24): This Article entails in themselves important and rights such as the prohibition of Child Labor or Forced Labor and Human Trafficking.

Sol Du Assignment Answer

  • Right to Freedom of Religion (Article 25 – 28): This specific rights in the Constitution is of utmost importance in a country like India where there is a huge diversity  of religion, this right provides the citizens with the freedom to follow and practice any religion and most importantly grants freedom of conscience to an Individual. The rights under this head also specifically provide a clause concerning paying taxes for religious purposes.
  • Cultural and Educational Rights (Article 29 – 30): These rights entailed in Part III provides protection to different languages and varieties of culture present  in India and additionally protects the rights and culture of minorities, right to minorities to establish and administer educational Institution, etc.
  • Right to seek Constitutional remedies: Article 32 as described by Dr. Ambedkar the heart and soul of the Indian constitution, these remedies are available to any individual whose fundamental right gest violated, and these rights enshrined in the Constitution empowers the Supreme Court of India to issue 5 types of writs.
  • However, the rights to property was deleted from the aforementioned list of Fundamental Rights by the 44th Amendment Act, 1978, and thereby this amendment made the Right to property as a Non-Fundamental Constitutional Right under Article 300-A in Part XII the Constitution.

DIRECTIVE PRINCIPLES OF STATE POLICY

The Directive Principal of State Policy as enumerated in Part IV of the Constitution as discussed formerly in this article are the constitutional directives or recommendations to the State as far as the cases of Legislative, administrative and executive matters to keep in mind the ideal therein mentioned while formulating and enacting laws. The significance of these directives becomes evident from the fact that these Directives becomes evident from the fact that these Directive Principles at numerous instances help the court of law though having non-justifiable in nature, to determine the constitutional validity of a law. These Directives are often classified into three broad categories:

  • Socialistic Principles – For e.g. Article 38, to promote the welfare of the people by securing a social order permeated by justice – social, economic and political and thereby to minimize any types of inequalities be it income, status and opportunities.
  • Gandhian Principles – These principles characterize the programme for reconstruction as enunciated by the father of the Nation – Mahatma Gandhi during the national movement and struggle. For e.g. – Article 40 to organize village panchayats and endow them with necessary powers and authority to enable them function as units of self – government.
  • Liberal – Intellectual Principles – These DPSPs entail in themselves some characteristics of the ideology of liberalism. For e.g. – Article 50 which further imposes an obligation upon the state to separate judiciary from the executive in the public services of the State.

The classification of the Directive Principles as above stated in this article is not expressly present or made by the Constitution but however on the basis of its content the same has been classified  into the three broad categories.

Significance of the Directive Principles

These Directive Principles despite having been criticized by eminent economist like K.T. Shah as “a Cheque on bank, payable only when resources of the bank permit so” for having no legal sanction and being illogically arranged and even by former Finance minister T.T. Krishnamachari (1956-1958) as “a veritable dustbin of sentiments” these Directive Principles in the contemporary times cannot be construed as irrelevant accompaniment. As stated by Justice Chagla, the former Chief justice of India these principles if implemented well and fully carried out, can make our country indeed heaven on earth. The Directive Principles are auxiliary and can even be considered as subsidiary to the fundamental rights as they are aimed and intended to fill in the vacuum present in Part III by providing economic and social rights. They simplify and provide a kind of stability and permanency in domestic and foreign strategies of the government or despite the changes that occur from the disposition.

Relationship between Fundamental Rights and Directive Principles of State Policy.

The Relationship between Part III and Part IV is the one that is not a novice one and was discussed by the Constitutional Advisor Sir B.N. Rau who advocated the idea that the rights of an individual on the basis of their nature can be divided into:

Justiciable Rights
Non-justiciable Rights

The list of Justiciable Rights was engulfed in Part-III while the non-justiciable one became the member of Part-IV of the Constitution. At times and again these Directive Principles are used by the Judiciary to determine the constitutional validity of any legislation when they are found to be in conflict with the Fundamental Rights or Part-III of the Constitution.

BA Prog Sol Du Assignment Answer

The first case we are going to discuss in this light is of Sajjan Singh V. State of Rajasthan of 1964 where the Obiter Dicta laid down by Justice Madhukar becomes apposite, even the fundamental rights enshrined in Part III were taken as inalterable, the much-needed dynamism may be according to him achieved by a proper interpretation of the Fundamental Rights in light of the Directive Principles. Further, he observed that the part IV is dundamental in the governance of the country and the provision relating to part III must be interpreted harmoniously with these principles”. As discussed above in the case of Campakam Dorairajan (Supra) it was held by the Supreme Court that the Fundamental Rights would be reduced to a “Mere rope of sand” if there were  to be override or superseded by the Directive Principles of State Policy.

Also, as we discussed earlier in this article while deliberating on the case of I.C. Golaknath (Supra), Hon’ble Justice Subba Rao of the Apex Court accentuated that the Fundamental Rights and the directive Principles of State Policy together form an integrated scheme which is elastic enough to respond to the changing needs of the society. On a similar note in Bijoya cotton Mills V. State of West Bengal, the supreme court has two folded view regarding the same:

Sol Du Indian Government and Politics Assignment Answer

In a case of conflict between the rights of an individual and a law that particularly aims at the implementation of social-economic policies in furtherance of the Directive Principles, the weight would be accorded to the latter.

Every Act or Legislation enacted in fulfillment of the Directive Principles should be construed as the one professing in the public interest or as a reasonable restriction to Part III of the constitution.

CONFLICT BETWEEN DIRECTIVE PRINCIPLES AND FUNDAMENTAL RIGHTS

It becomes pertinent to note at this point even though, both the Directive Principles of State Policy and the fundamental Rights appear as constitutionally distinct but when we trace back their historical origin, we find that both had originated from a common origin. There was no distinction between positive and negative obligations of the state but it was the constituent assembly that separated them. We find both the above mentioned Fundamental Right and Directive Principle as intimate and interlacing part of the Indian Constitution.

 The conflict between the DPSPs and Fundamental Rights seems not to be a novice situation. The character though may be similar but points of conflicts even today in the contemporary timesrests at the following points:

Justiciability of the Fundamental Rights and the Non-Justiciable character of the DPSP.

Moral Obligation and duty casted upon the state to implement the Directive Principles as per Article 37 has also raised a serious point of contravention since the inception of the Constitution and Part III and Part IV.

In numerous early cases, the Supreme Court ruled out that the Directive Principles could not supersede a  Fundamental Rights present in Part III of the Constitution. However, the position of the same became clear when the Supreme Court took a view in the case of State of Madras V. Srimathi Champakam Dorairajan. In this case, the Supreme Court ruled that since Fundamental Rights are enforceable and Directive Principles are not, so the Fundamental Rights would prevail over the later and have to run as subsidiary to the Fundamental Rights.

DIRECTIVE PRINCIPLES OF STATE POLICY ARE NON JUSTICIABLE AND FUNDAMENTAL RIGHTS ARE JUSTICIABLE

There is not only a bill of Rights containing justiciable Fundamental Rights of the individual Part III of Constitution of India  on the model of the Amendments  to the American Constitution but also a containing Directive Principles of State Policy, which confer no justiciable rights upon the individual but are nevertheless to be regarded as fundamental in the governance of the country – being in the nature of principles of social policy as contained in the Constitution of Eire.

Theoretically, a merely declaratory Bull of Rights was open to the framers of Constitution of India, but the practical compulsion of our fights for independence made a judicially enforceable Bill of Rights inevitable. In Constitution of India fundamental      rights are strict rules of law limiting legislative and executive power.

It ws considered by the makers of Constitution that though they could not, owing to their very nature, be made legally enforceable, it was well worth to incorporate in the Constitution some basic non-justiciable rights which would serve as moral restraints upon future Governments and thus prevent the policy from being torn away from the idea which inspired the makers of the organic law.

Conclusion

In spite of the of harmonious relationship between fundamental rights and directive principles still there is a lot more left which need to be achieved. Discrimination and disparity still exist in the society, standard of living of the people is yet to be raised. The efforts of the union and the state government is very important in implementation of the aim and objectives to stand directives principles at par with fundamental rights.                             

Leave a Comment