The document summarizes various articles from Part IV of the Indian Constitution relating to Directive Principles of State Policy. It discusses articles 40-49 which address organizing village panchayats, the rights to work, education and public assistance, just conditions of work, living wages, workers participation in management, uniform civil code, childhood care and education, promoting interests of weaker sections, raising nutrition levels, organizing agriculture and protecting the environment. The document provides an overview and explanation of the key principles covered in each article.
This document provides an overview of the Directive Principles of State Policy (DPSP) under the Constitution of India. It defines key terms like "State" and explains that while the DPSP are not judicially enforceable, they are fundamental in governance and the State's duty to apply them when making laws. It analyzes several articles of the DPSP covering social justice, livelihood, equitable distribution of resources, equal pay, child welfare, and legal aid. Judicial precedents that have invoked the DPSP to expand the scope of fundamental rights are also summarized.
Directive principles of state policy in indiaRAJ SP
The document outlines the Directive Principles of State Policy contained in Part IV of the Indian Constitution. It provides that the principles are fundamental in governance but not judicially enforceable. The principles cover Gandhian, social, economic, political, administrative, legal, and environmental categories. They direct the state to strive for a just social order, promote welfare, secure certain rights for citizens like livelihood and education, and organize agriculture, village panchayats, and other sectors on scientific lines.
Directive principles of state policy in india nj 1narendrajha17
The document summarizes the Directive Principles of State Policy outlined in Parts III and IV of the Indian Constitution. It discusses that the Principles provide guidance to establish a just society and should be considered when making laws, though they are non-justiciable. The Principles are classified into social, Gandhian, liberal, and international categories. Key Principles addressed include adequate livelihood, controlling material resources for the common good, preventing wealth concentration, the right to work and education, just working conditions, and early childhood education.
The document discusses the Directive Principles of State Policy (DPSP) in the Indian Constitution. It provides 3 key points:
1. Part IV of the Indian Constitution outlines the DPSP, which prescribe the fundamental obligations of the state to its citizens and establish a welfare state through socio-economic justice.
2. The DPSP are classified into socialist principles, Gandhian principles, and liberal principles based on their ideological influences.
3. Several amendments have been made to the DPSP over time to strengthen them and make basic education a fundamental right. However, the DPSP remain non-justiciable and establish the economic and social aims of governance in India.
This document summarizes the key principles found in the Directive Principles of State Policy section of the Indian constitution. It divides the principles into three categories: socialist, Gandhian, and liberal intellectual. Under socialist principles, it outlines articles related to justice, livelihood, equal pay, child welfare, legal aid, unemployment assistance, education, working conditions, and public health. Gandhian principles reference local self-governance, cottage industries, and prohibiting intoxicants and cattle slaughter. Liberal intellectual principles cover a uniform civil code, education, wildlife/environment, historical sites, an independent judiciary, and international peace.
The directive principal of state policyAnkur Bagchi
This document discusses the Directive Principles of State Policy (DPSP) in the Indian Constitution. It describes how the DPSP aim to establish a welfare state and place fundamental obligations on the state regarding its citizens. Some key points made are that the DPSP were inspired by concepts from other countries and aim to create social, economic and political justice. The DPSP are non-justiciable rights that guide the state but cannot be enforced in courts. The document also outlines various categories and features of the DPSP.
The document discusses the Directive Principles of State Policy (DPSP) in the Indian Constitution. It outlines that the DPSP aim to establish justice, equality and fraternity as per the preamble. The DPSP inspire the state to work for the people's welfare and establish social and economic democracy. While not judicially enforceable, the DPSP are fundamental to governance. The document also discusses views on the DPSP from people like Ambedkar and classifications of principles related to welfare, Gandhian ideals, and international relations.
OBJECTIVE
The objective of this webinar is to provide an understanding of a few more constitutional provisions related to Fundamental Rights. This webinar is the fourth of the Constitution Webinar Series. In this webinar, we will elaborately discuss the Freedom of speech and expression along with the sacrosanct Right to Life and Personal Liberty along with the Right against Exploitation.
This document provides an overview of the Directive Principles of State Policy (DPSP) under the Constitution of India. It defines key terms like "State" and explains that while the DPSP are not judicially enforceable, they are fundamental in governance and the State's duty to apply them when making laws. It analyzes several articles of the DPSP covering social justice, livelihood, equitable distribution of resources, equal pay, child welfare, and legal aid. Judicial precedents that have invoked the DPSP to expand the scope of fundamental rights are also summarized.
Directive principles of state policy in indiaRAJ SP
The document outlines the Directive Principles of State Policy contained in Part IV of the Indian Constitution. It provides that the principles are fundamental in governance but not judicially enforceable. The principles cover Gandhian, social, economic, political, administrative, legal, and environmental categories. They direct the state to strive for a just social order, promote welfare, secure certain rights for citizens like livelihood and education, and organize agriculture, village panchayats, and other sectors on scientific lines.
Directive principles of state policy in india nj 1narendrajha17
The document summarizes the Directive Principles of State Policy outlined in Parts III and IV of the Indian Constitution. It discusses that the Principles provide guidance to establish a just society and should be considered when making laws, though they are non-justiciable. The Principles are classified into social, Gandhian, liberal, and international categories. Key Principles addressed include adequate livelihood, controlling material resources for the common good, preventing wealth concentration, the right to work and education, just working conditions, and early childhood education.
The document discusses the Directive Principles of State Policy (DPSP) in the Indian Constitution. It provides 3 key points:
1. Part IV of the Indian Constitution outlines the DPSP, which prescribe the fundamental obligations of the state to its citizens and establish a welfare state through socio-economic justice.
2. The DPSP are classified into socialist principles, Gandhian principles, and liberal principles based on their ideological influences.
3. Several amendments have been made to the DPSP over time to strengthen them and make basic education a fundamental right. However, the DPSP remain non-justiciable and establish the economic and social aims of governance in India.
This document summarizes the key principles found in the Directive Principles of State Policy section of the Indian constitution. It divides the principles into three categories: socialist, Gandhian, and liberal intellectual. Under socialist principles, it outlines articles related to justice, livelihood, equal pay, child welfare, legal aid, unemployment assistance, education, working conditions, and public health. Gandhian principles reference local self-governance, cottage industries, and prohibiting intoxicants and cattle slaughter. Liberal intellectual principles cover a uniform civil code, education, wildlife/environment, historical sites, an independent judiciary, and international peace.
The directive principal of state policyAnkur Bagchi
This document discusses the Directive Principles of State Policy (DPSP) in the Indian Constitution. It describes how the DPSP aim to establish a welfare state and place fundamental obligations on the state regarding its citizens. Some key points made are that the DPSP were inspired by concepts from other countries and aim to create social, economic and political justice. The DPSP are non-justiciable rights that guide the state but cannot be enforced in courts. The document also outlines various categories and features of the DPSP.
The document discusses the Directive Principles of State Policy (DPSP) in the Indian Constitution. It outlines that the DPSP aim to establish justice, equality and fraternity as per the preamble. The DPSP inspire the state to work for the people's welfare and establish social and economic democracy. While not judicially enforceable, the DPSP are fundamental to governance. The document also discusses views on the DPSP from people like Ambedkar and classifications of principles related to welfare, Gandhian ideals, and international relations.
OBJECTIVE
The objective of this webinar is to provide an understanding of a few more constitutional provisions related to Fundamental Rights. This webinar is the fourth of the Constitution Webinar Series. In this webinar, we will elaborately discuss the Freedom of speech and expression along with the sacrosanct Right to Life and Personal Liberty along with the Right against Exploitation.
This document discusses the Directive Principles of State Policy outlined in the Indian Constitution. It begins by introducing Dr. Roman Saini and providing his background. It then classifies the DPSPs into three categories: socialist, Gandhian, and liberal-intellectual. Key socialist principles discussed include ensuring adequate livelihoods, equitable distribution of resources, and equal pay. Gandhian principles focus on empowering village governments and promoting cottage industries. Liberal principles relate to a uniform civil code and protecting the environment. The document notes that while DPSPs are not judicially enforceable, they provide important guidance and establish a welfare framework in India.
This document summarizes the fundamental rights and directive principles of state policy in the Indian constitution. It outlines the nature and types of fundamental rights, including rights to equality, freedom, religion and remedies. It also describes the features and classifications of directive principles related to economic, Gandhian and international policies. The document provides an overview of key rights and principles in the Indian constitution.
Constitution of india directive principles of state policy and fundamental d...Dr. Vikas Khakare
This contains Directive Principles of State Policy under the Constitution of India. The relation between directive principle of State policy and fundamental rights. It also contains fundamental duties in the Constitution of India.
The Directive Principles of State Policy are guidelines for the government laid down in Part IV of the Indian Constitution. They were inspired by the Irish Constitution and UN Declaration of Human Rights. The principles are non-justiciable rights that are fundamental for governance. They include Gandhian Principles promoting education, employment and health, Social and Economic Principles ensuring livelihood and equality, and General Principles protecting the environment and international relations. While they are not enforceable in courts, the principles highlight national objectives and prescribe that national resources should benefit all.
DIRECTIVE PRINCIPLES OF STATE POLICY ( IN DETAIL )Anuroop vs
The document summarizes the Directive Principles of State Policy outlined in the Constitution of India. It describes how the principles aim to establish a just social order and promote the welfare of citizens by securing adequate livelihoods, equal pay for equal work, protecting children and youth, and promoting village self-governance. However, the principles are not judicially enforceable but provide guidelines for policymaking.
Ll.b ii cloi ii u iv directive principles of state policyRai University
The document discusses the Directive Principles of State Policy (DPSP) in the Constitution of India. The DPSP provide guidelines for governments to establish a just society and includes principles related to social, economic and political justice. Key points include that the DPSP were inspired by the Irish Constitution and aim to create conditions for good living. They are non-justiciable but fundamental for governance. The government has a duty to consider the DPSP when making laws and policy.
The document discusses the Directive Principles of State Policy (DPSP) in the Indian Constitution. The DPSP provide guidelines for governments to establish a just society and include principles like equal rights, livable wages, nutrition, education, and environment protection. Though not judicially enforceable, DPSP are considered fundamental for governance. The principles were inspired by the Irish Constitution and Gandhism. Several laws and amendments have been made to fulfill various DPSP.
The document discusses the Directive Principles of State Policy (DPSP) in India and Nepal. It explains that DPSPs aim to establish social and economic democracy through a welfare state by guiding governments, though they are non-justiciable. It outlines the characteristics and differences between DPSPs and fundamental rights, and how courts have increasingly considered DPSPs in their rulings to balance social justice and rights. The document also provides details on the constitutional status and inclusion of DPSPs in Nepal from early constitutions to the current one.
The document discusses the Directive Principles of State Policy enshrined in Part IV of the Indian Constitution. Some of the key principles summarized are:
1. The state shall strive to promote the welfare of the people by securing justice, promoting equal rights and opportunities for all citizens regardless of religion, caste, sex or place of birth.
2. It provides principles relating to right to work, living wage, participation in management of industries, free and compulsory education for all children, and raising the level of nutrition and standard of living.
3. The state shall endeavor to organize agriculture and animal husbandry on modern and scientific lines, protect and improve the environment, and establish village panchay
Fundamental rights Duties - Directive principles of state policyManagement
This document discusses fundamental rights and duties in India. It notes that fundamental rights are enshrined in the constitution and protect basic individual rights like life, liberty, equality and freedom of religion from state infringement. These are difficult to amend or repeal. The document outlines specific fundamental rights and duties citizens have. Fundamental duties require citizens to respect the constitution and national symbols, defend the country, promote national harmony and protect the environment. It also explains that directive principles provide guidance to the government to establish a just society but are not legally enforceable in the same way as fundamental rights.
The document discusses Directive Principles of State Policy (DPSPs) in the Indian Constitution. DPSPs provide guidelines for framing laws and policies to establish a just social order. They include principles related to right to livelihood, equal pay, education, health, and cultural opportunities. DPSPs are not judicially enforceable but aim to establish a welfare state. The document classifies DPSPs as socialistic, Gandhian, and liberal principles and notes amendments made to some principles. It concludes by discussing criticism of DPSPs for not being enforceable and potential for constitutional conflict.
The three main points are:
1) The Directive Principles of State Policy are guidelines for the government to promote social, economic, and political justice for citizens' welfare.
2) The principles were inspired by documents like the Irish Constitution and ideas of Gandhi focusing on equality, livelihood, village governance, and weaker sections.
3) The principles are non-justiciable but fundamental for governance, and the government has implemented some like land reform acts, minimum wages act, primary education, and reservation of seats for scheduled castes and tribes.
Government Engineering College, Ajmer
This document discusses the Directive Principles of State Policy outlined in the Constitution of India. It provides 3 key points:
1) The Directive Principles of State Policy are guidelines for the central and state governments to consider when making laws and policies, aimed at establishing a just society. However, they are not enforceable in courts.
2) The principles cover issues like equal rights, living wages, education, nutrition, and environmental protection. They have been implemented through various laws and schemes over time.
3) While not judicially enforceable, the principles are considered fundamental to governance in India and it is the duty of the state to apply them when establishing laws and policies
Implementing Directive Principles to Promote better Livelihood Conditions, Pu...IJARIIT
Our Country has progressed and developed in the world as an important Nation, but till today we are far away
from achieving better livelihood conditions public health and assistance. Therefore the article mainly focuses on implementing
Directive Principles to promote and distribute natural resources as the State legally owns these natural resources on behalf of
the actual owner the people. The article explains that these principles impose certain obligations on the State to take positive
action in certain directions to promote the welfare of the people and achieve socio-economic rights and to set of instructions to
Lawmakers and Executive. The article also explains that these Directive Principles of State policy in our Constitution are
made on - justifiable directly but indirectly these principles are fundamental in the governance of the country in making laws.
Thus Article concludes to achieve the goals enshrined in the Constitution directly or indirectly that is the spiritual essence of
our Constitution.
The document discusses several articles from the Constitution of India related to Directive Principles of State Policy. Some key points discussed include:
- Directive Principles of State Policy provide guidelines for governments to consider when making laws and policies related to social justice, economic welfare, and other matters.
- DPSPs aim to create conditions for citizens to live good lives but are not judicially enforceable.
- Articles discuss state duties related to promoting welfare, minimizing inequality, securing citizens' livelihood and rights, organizing local governments, education, and other social and economic policies.
This draft proposed following main issue related to Urban Livelihoods:
• The Right to Work has to be recognised and legislated as a Fundamental Right.
• Complementary laws have to be put in place to provide Living Wages and Social Security.
• Secure Shelter near Work is a necessity for the urban poor.
• Government must assist community based Self Help programmes.
• Participatory Research yields Norms for planning livelihoods and shelter.
• Both require the three basic elements of Legal Credit, Space, and Tenure.
• There has to be Accountability and accessible Grievance Redressal Mechanisms.
The document discusses the Directive Principles of State Policy (DPSP) in the Indian Constitution. It notes that DPSP were inspired by principles in the Irish Constitution and Gandhism. The DPSP provide non-binding guidelines to governments to establish a just society through social, economic and political justice. They aim to create conditions for citizens to live good lives and establish a welfare state through social and economic democracy. While not judicially enforceable, DPSP are considered fundamental to governance. The document outlines several key DPSP and amendments that have been made to them over time.
The document discusses equal employment opportunity (EEO) laws and policies in Pakistan. It outlines anti-discrimination provisions in the 1973 constitution and key points of the Labor Welfare Package 2000 and Labor Policy 2002. These policies promote equal pay, maternity benefits, and banning discrimination based on gender, sex, or disability status. However, the document notes that while legislation has improved, implementation remains a challenge due to lack of awareness about EEO rights and continued gender discrimination in employment.
Final sj se presentation group no 7 (1)mahmood mnc
The document discusses employment guarantee and justice in India. It covers the historical evolution of employment guarantee schemes in India and internationally. It discusses key theories around employment guarantee like the government acting as employer of last resort. It outlines important laws like the MGNREGA, judgments like Vishaka Guidelines, and policy documents establishing principles like right to work and living wage. The document provides an overview of the important concepts, frameworks, and milestones in establishing employment guarantee and justice in India.
Constitutional law directive principles of state policy under articles 41 t...Mohith Sanjay
The document summarizes key articles from the Directive Principles of State Policy relating to social security:
- Article 41 discusses the right to work, education, and public assistance for unemployment, old age, sickness, disability, and other cases. It has led to enactments like MGNREGA, RTE Act, and social security programs.
- Article 42 requires just and humane conditions of work and maternity relief. This has been interpreted in cases like Vishaka and Consumer Education Society to include workplace safety and health standards.
- Article 43 mandates a living wage for all workers. Courts have interpreted this as wages sufficient for basic needs plus education and insurance.
- Article 43-A
This document discusses the Directive Principles of State Policy outlined in the Indian Constitution. It begins by introducing Dr. Roman Saini and providing his background. It then classifies the DPSPs into three categories: socialist, Gandhian, and liberal-intellectual. Key socialist principles discussed include ensuring adequate livelihoods, equitable distribution of resources, and equal pay. Gandhian principles focus on empowering village governments and promoting cottage industries. Liberal principles relate to a uniform civil code and protecting the environment. The document notes that while DPSPs are not judicially enforceable, they provide important guidance and establish a welfare framework in India.
This document summarizes the fundamental rights and directive principles of state policy in the Indian constitution. It outlines the nature and types of fundamental rights, including rights to equality, freedom, religion and remedies. It also describes the features and classifications of directive principles related to economic, Gandhian and international policies. The document provides an overview of key rights and principles in the Indian constitution.
Constitution of india directive principles of state policy and fundamental d...Dr. Vikas Khakare
This contains Directive Principles of State Policy under the Constitution of India. The relation between directive principle of State policy and fundamental rights. It also contains fundamental duties in the Constitution of India.
The Directive Principles of State Policy are guidelines for the government laid down in Part IV of the Indian Constitution. They were inspired by the Irish Constitution and UN Declaration of Human Rights. The principles are non-justiciable rights that are fundamental for governance. They include Gandhian Principles promoting education, employment and health, Social and Economic Principles ensuring livelihood and equality, and General Principles protecting the environment and international relations. While they are not enforceable in courts, the principles highlight national objectives and prescribe that national resources should benefit all.
DIRECTIVE PRINCIPLES OF STATE POLICY ( IN DETAIL )Anuroop vs
The document summarizes the Directive Principles of State Policy outlined in the Constitution of India. It describes how the principles aim to establish a just social order and promote the welfare of citizens by securing adequate livelihoods, equal pay for equal work, protecting children and youth, and promoting village self-governance. However, the principles are not judicially enforceable but provide guidelines for policymaking.
Ll.b ii cloi ii u iv directive principles of state policyRai University
The document discusses the Directive Principles of State Policy (DPSP) in the Constitution of India. The DPSP provide guidelines for governments to establish a just society and includes principles related to social, economic and political justice. Key points include that the DPSP were inspired by the Irish Constitution and aim to create conditions for good living. They are non-justiciable but fundamental for governance. The government has a duty to consider the DPSP when making laws and policy.
The document discusses the Directive Principles of State Policy (DPSP) in the Indian Constitution. The DPSP provide guidelines for governments to establish a just society and include principles like equal rights, livable wages, nutrition, education, and environment protection. Though not judicially enforceable, DPSP are considered fundamental for governance. The principles were inspired by the Irish Constitution and Gandhism. Several laws and amendments have been made to fulfill various DPSP.
The document discusses the Directive Principles of State Policy (DPSP) in India and Nepal. It explains that DPSPs aim to establish social and economic democracy through a welfare state by guiding governments, though they are non-justiciable. It outlines the characteristics and differences between DPSPs and fundamental rights, and how courts have increasingly considered DPSPs in their rulings to balance social justice and rights. The document also provides details on the constitutional status and inclusion of DPSPs in Nepal from early constitutions to the current one.
The document discusses the Directive Principles of State Policy enshrined in Part IV of the Indian Constitution. Some of the key principles summarized are:
1. The state shall strive to promote the welfare of the people by securing justice, promoting equal rights and opportunities for all citizens regardless of religion, caste, sex or place of birth.
2. It provides principles relating to right to work, living wage, participation in management of industries, free and compulsory education for all children, and raising the level of nutrition and standard of living.
3. The state shall endeavor to organize agriculture and animal husbandry on modern and scientific lines, protect and improve the environment, and establish village panchay
Fundamental rights Duties - Directive principles of state policyManagement
This document discusses fundamental rights and duties in India. It notes that fundamental rights are enshrined in the constitution and protect basic individual rights like life, liberty, equality and freedom of religion from state infringement. These are difficult to amend or repeal. The document outlines specific fundamental rights and duties citizens have. Fundamental duties require citizens to respect the constitution and national symbols, defend the country, promote national harmony and protect the environment. It also explains that directive principles provide guidance to the government to establish a just society but are not legally enforceable in the same way as fundamental rights.
The document discusses Directive Principles of State Policy (DPSPs) in the Indian Constitution. DPSPs provide guidelines for framing laws and policies to establish a just social order. They include principles related to right to livelihood, equal pay, education, health, and cultural opportunities. DPSPs are not judicially enforceable but aim to establish a welfare state. The document classifies DPSPs as socialistic, Gandhian, and liberal principles and notes amendments made to some principles. It concludes by discussing criticism of DPSPs for not being enforceable and potential for constitutional conflict.
The three main points are:
1) The Directive Principles of State Policy are guidelines for the government to promote social, economic, and political justice for citizens' welfare.
2) The principles were inspired by documents like the Irish Constitution and ideas of Gandhi focusing on equality, livelihood, village governance, and weaker sections.
3) The principles are non-justiciable but fundamental for governance, and the government has implemented some like land reform acts, minimum wages act, primary education, and reservation of seats for scheduled castes and tribes.
Government Engineering College, Ajmer
This document discusses the Directive Principles of State Policy outlined in the Constitution of India. It provides 3 key points:
1) The Directive Principles of State Policy are guidelines for the central and state governments to consider when making laws and policies, aimed at establishing a just society. However, they are not enforceable in courts.
2) The principles cover issues like equal rights, living wages, education, nutrition, and environmental protection. They have been implemented through various laws and schemes over time.
3) While not judicially enforceable, the principles are considered fundamental to governance in India and it is the duty of the state to apply them when establishing laws and policies
Implementing Directive Principles to Promote better Livelihood Conditions, Pu...IJARIIT
Our Country has progressed and developed in the world as an important Nation, but till today we are far away
from achieving better livelihood conditions public health and assistance. Therefore the article mainly focuses on implementing
Directive Principles to promote and distribute natural resources as the State legally owns these natural resources on behalf of
the actual owner the people. The article explains that these principles impose certain obligations on the State to take positive
action in certain directions to promote the welfare of the people and achieve socio-economic rights and to set of instructions to
Lawmakers and Executive. The article also explains that these Directive Principles of State policy in our Constitution are
made on - justifiable directly but indirectly these principles are fundamental in the governance of the country in making laws.
Thus Article concludes to achieve the goals enshrined in the Constitution directly or indirectly that is the spiritual essence of
our Constitution.
The document discusses several articles from the Constitution of India related to Directive Principles of State Policy. Some key points discussed include:
- Directive Principles of State Policy provide guidelines for governments to consider when making laws and policies related to social justice, economic welfare, and other matters.
- DPSPs aim to create conditions for citizens to live good lives but are not judicially enforceable.
- Articles discuss state duties related to promoting welfare, minimizing inequality, securing citizens' livelihood and rights, organizing local governments, education, and other social and economic policies.
This draft proposed following main issue related to Urban Livelihoods:
• The Right to Work has to be recognised and legislated as a Fundamental Right.
• Complementary laws have to be put in place to provide Living Wages and Social Security.
• Secure Shelter near Work is a necessity for the urban poor.
• Government must assist community based Self Help programmes.
• Participatory Research yields Norms for planning livelihoods and shelter.
• Both require the three basic elements of Legal Credit, Space, and Tenure.
• There has to be Accountability and accessible Grievance Redressal Mechanisms.
The document discusses the Directive Principles of State Policy (DPSP) in the Indian Constitution. It notes that DPSP were inspired by principles in the Irish Constitution and Gandhism. The DPSP provide non-binding guidelines to governments to establish a just society through social, economic and political justice. They aim to create conditions for citizens to live good lives and establish a welfare state through social and economic democracy. While not judicially enforceable, DPSP are considered fundamental to governance. The document outlines several key DPSP and amendments that have been made to them over time.
The document discusses equal employment opportunity (EEO) laws and policies in Pakistan. It outlines anti-discrimination provisions in the 1973 constitution and key points of the Labor Welfare Package 2000 and Labor Policy 2002. These policies promote equal pay, maternity benefits, and banning discrimination based on gender, sex, or disability status. However, the document notes that while legislation has improved, implementation remains a challenge due to lack of awareness about EEO rights and continued gender discrimination in employment.
Final sj se presentation group no 7 (1)mahmood mnc
The document discusses employment guarantee and justice in India. It covers the historical evolution of employment guarantee schemes in India and internationally. It discusses key theories around employment guarantee like the government acting as employer of last resort. It outlines important laws like the MGNREGA, judgments like Vishaka Guidelines, and policy documents establishing principles like right to work and living wage. The document provides an overview of the important concepts, frameworks, and milestones in establishing employment guarantee and justice in India.
Constitutional law directive principles of state policy under articles 41 t...Mohith Sanjay
The document summarizes key articles from the Directive Principles of State Policy relating to social security:
- Article 41 discusses the right to work, education, and public assistance for unemployment, old age, sickness, disability, and other cases. It has led to enactments like MGNREGA, RTE Act, and social security programs.
- Article 42 requires just and humane conditions of work and maternity relief. This has been interpreted in cases like Vishaka and Consumer Education Society to include workplace safety and health standards.
- Article 43 mandates a living wage for all workers. Courts have interpreted this as wages sufficient for basic needs plus education and insurance.
- Article 43-A
The document discusses the concepts of welfare state and social security. It outlines the compulsory and optional functions of a welfare state, including protection of citizens and provision of education, healthcare, and social security. It traces the origins of social security in India and the role of the ILO. Key labor protections enshrined in the Indian Constitution are summarized, such as equal pay for equal work. The Equal Remuneration Act of 1975 was passed to implement related constitutional provisions and ILO conventions.
This document provides an overview of the Indian Constitution, fundamental rights, directive principles of state policy, fundamental duties, citizenship, and constitutional remedies for citizens. It discusses key aspects like the nature of fundamental rights; classifications of rights to equality, freedom, against exploitation, freedom of religion, and cultural/education rights; characteristics and classifications of directive principles; 10 fundamental duties; and different types of writs that can be issued like habeas corpus, certiorari, prohibition, mandamus, and quo warranto.
The document summarizes the Directive Principles of State Policy (DPSPs) in the Indian Constitution. Some key points:
- DPSPs resemble the 'Instrument of Instructions' in the 1935 Government of India Act and aim to ensure 'social and economic democracy' and establish a 'welfare state'.
- DPSPs are non-justiciable but courts can use them to examine the validity of laws. They guide the government in framing policies and laws.
- DPSPs incorporate socialist principles like adequate livelihood, equal pay, health protections; Gandhian principles like village panchayats and cottage industries; and liberal principles like uniform civil code and environment protection.
-
right to work as fundamental right - illusion or realityrahulchoudhury007
The document discusses whether the right to work should be a fundamental right in India. It notes that Article 41 of the Indian Constitution directs the state to make provisions for securing the right to work. However, it is placed under the chapter on Directive Principles of State Policy rather than Fundamental Rights. While the framers may have intended for it to eventually become a fundamental right, making it so would be impractical. If it were a fundamental right, the government would be required to provide jobs to all unemployed citizens. However, there are millions unemployed and the courts could not feasibly provide remedies. Proper institutions and economic changes would also be needed to implement a right to work. Most countries recognize the right but do not allow
Women empowerment unit-iv - laws related to women empowermentDr. Mani Madhavan
Women Empowerment, BA Economics, Unit-IV, Laws Related to Women Empowerment, Indian Laws on Women’s Rights, Need for Uniform Civil Code in India, Labour laws, Laws related to Crimes Against Women, The Prohibition of Sexual Harassment of Women at Workplace Act, 2013, The Maternity Benefit Act, 1961, Indian Factories Act 1948, The Equal Remuneration Act, 1976,
This document provides an overview of the constitutional and legal framework of industrial relations in India. It discusses how the Indian Constitution establishes certain fundamental rights and directive principles related to labour. It also outlines key labour laws like the Trade Unions Act 1926, Industrial Employment (Standing Orders) Act 1946, and Industrial Disputes Act 1947. Additionally, it examines the impact of International Labour Organization conventions on Indian labour legislation and industrial relations. The document is intended to familiarize readers with the role of the Indian Constitution and labour laws in shaping the country's industrial relations system.
Prof. Vibhuti Patel "Gender Equality and Human Rights NHRC 30-11-2013VIBHUTI PATEL
Gender equity denotes an element of interpretation of social justice, usually based on tradition, custom, religion or culture, which is most often to the detriment to women. The Convention on the Elimination of All Forms of Discrimination against Women, also known as the Women’s Bill of Rights, declares that countries should:
• Act to eliminate violations of women’s rights, whether by private persons, groups or organizations,
• Endeavour to modify social and cultural patterns of conduct that stereotype either gender or put women in an inferior position,
• Ensure that women have equal rights in education and equal access to information,
• Eliminate discrimination against women in their access to health care,
• End discrimination against women in all matters relating to marriage and family relations.
This topic " INDIAN CONSTITUTIONAL VALUES" included for B.Ed Syllabus ON EDUC...Sasikala Antony
The document discusses the key features and principles of the Constitution of India including its preamble, fundamental rights and directive principles. It notes that the Constitution establishes India as a sovereign, socialist, secular, democratic republic and aims to secure justice, liberty, equality and fraternity for all citizens. It draws upon influences from various other constitutions and also outlines the fundamental rights protecting equality, freedom, religious rights and more to promote social justice.
This document discusses Indian labor legislation and its constitutional basis. It covers the objectives of labor laws, which include maintaining industrial peace and protecting workers. Labor laws are categorized into those related to working conditions, wages, industrial relations, and social security. Key principles of labor legislation include social justice and national economy. The Indian Constitution establishes rights like equality, freedom of speech, and abolition of child labor that labor laws uphold. Directives like right to livelihood, equal pay for equal work, and living wages further guide labor policy.
The document discusses various topics related to human rights of women and children in India and internationally. It provides details on international conventions for eliminating discrimination against women and protecting children's rights. It also summarizes India's constitutional provisions for equal treatment of women and prohibiting child labor. Institutional mechanisms for protecting human rights in India, such as the National Human Rights Commission and Human Rights Courts, are also outlined.
The document discusses the Directive Principles of State Policy in the Indian Constitution. It outlines the socialist, Gandhian, and liberal-intellectual principles enshrined in Parts IV of the Constitution. The socialist principles aim to promote social and economic justice through provisions like adequate livelihood, equitable distribution of resources, equal pay, and health of workers. The Gandhian principles are based on Gandhi's ideas and direct the state to promote village panchayats, cottage industries, and protect weaker sections. The liberal principles direct the state to pursue a uniform civil code, early childhood education, scientific agriculture, and international peace.
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4. Presentation Schema
4
Organization of
Village Panchayats
Provision for Just and
Humane conditions of
work
Living Wage for
workers
Participation of
Labour in
Management of the
Industry
Uniform Civil Code
Provision for Early
Childhood Care and
Education
Duty of State to Raise
Standards of Public
Health
Organization of
Agriculture and
Animal Husbandry
Protection of
Environment and
Wildlife
Protection of
Monuments, Objects
and Places of National
Importance
5. Overview of Provisions
5
Constitutional Provision Article
Organization of village panchayats 40
Right to work, to education and to public assistance in certain cases. 41
Provision for just and humane conditions of work and maternity relief. 42
Living wage, etc., for workers. 43
Participation of workers in management of industries. 43A
Uniform civil code for the citizens. 44
Provision for free and compulsory education for children. 45
Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other
weaker sections.
46
Duty of the State to raise the level of nutrition and the standard of living and to improve public
health.
47
Organisation of agriculture and animal husbandry 48
Protection and improvement of environment and safeguarding of forests and wild life. 48A
Protection of monuments and places and objects of national importance. 49
8. 8
“The State shall take steps to organise village panchayats and endow them with such powers and
authority as may be necessary to enable them to function as units of self-government. “
Organization of Village Panchayats –
Article 40
▪ Even Though the Panchayati Raj Institutions have been in existence for a long time, it has
been observed that these institutions have not been able to acquire the status and
dignity of viable and responsive people's bodies.
▪ This is due to a number of reasons including absence of regular elections, insufficient
representation of weaker sections like Scheduled Castes, Scheduled Tribes and women,
inadequate devolution of powers and lack of financial resources.
▪ The severe lack of representation of Scheduled Castes, Scheduled Tribes and women is
because they are historically disadvantaged groups. Therefore, there is a need for the
upliftment of these communities by providing them with reservations in Panchayat
Institutions.
▪ This enables the idea of a participative democracy where all sections of society are
represented and can have a say in the governmental decisions being made.
▪ There was an imperative need to enshrine in the Constitution certain basic and essential
features of Panchayati Raj Institutions to impart certainty, continuity and strength to
them – which was done by the 73rd Constitutional Amendment Act, 1992.
9. Seventy Third Amendment Act, 1992 –
Constitution of Panchayats
▪ The Constitution (Seventy-Third) Amendment, 1992 introduced a new part relating to
Panchayats in the Constitution to provide for –
1. Constitution of Panchayats at village;
2. Direct elections to all seats in Panchayats at the village and intermediate level
3. Appointment of Chairpersons of Panchayats at such levels;
4. Reservation of seats for the Scheduled Castes and Scheduled Tribes and women;
5. Fixing tenure of 5 years for Panchayats and holding elections within a period of 6 months
in the event of supersession of any Panchayat;
6. Disqualifications for membership of Panchayats;
7. Sound finance of the Panchayats by securing authorisation from State Legislatures for
grants-in-aid to the Panchayats from the Consolidated Fund of the State.
9
11. ▪ “Social and economic justice” is one of the goals set out in our Preamble as well as
Constitution – and Article 41 sets out certain goals like securing the Right to Work, Right
to Education as well as providing Public Assistance.
▪ Right to Work is now a recognized fundamental right under Article 21(Right to Life) and
Right to Education is enshrined under Article 21A as well as The Right of Children to Free
and Compulsory Education Act, 2009.
▪ A Welfare State is one that provides for a large number of social services, like public
medical services, national health and unemployment insurance, widows and orphans
pension old age pensions, public assistance, subsidizing house building, the control of
housing and supervision of town planning as well as Acts for the protection of children.
▪ This has been brought in by means of enacting the namely The Factories Act, 1948 and
Workmen’s Compensation Act, 1923 as well as legislations restricting the employment of
children under a certain age.
11
Right to Work, Education and Public
Assistance – Article 41
“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.”
12. 12
Provision for Just and Humane Conditions
of Work and Maternity Relief – Article 42
“The State shall make provision for securing just and humane conditions of work and for
maternity relief.”
▪ Article 42 mainly lays emphasis on the State’s duty to secure just and humane conditions
of work and also for Maternity Relief.
▪ In order to protect the rights of women employees during pregnancy and after childbirth,
Indian law makes it mandatory for most establishments to offer maternity benefits to
women employees.
▪ Maternity benefit in India is mainly governed by the Maternity Benefit Act, 1961 that
applies to all shops and establishments with 10 or more employees.
▪ The Maternity Benefit Act provides that a woman will be paid maternity benefit at the
rate of her average daily wage in the three months preceding her maternity leave.
▪ The law also allows employers to permit women employees to work from home in
addition to the maternity benefit period if the nature of work allows that.
▪ An employer cannot dismiss a woman for taking maternity leave and cannot serve a
termination notice to a woman on maternity leave which expires before the maternity
leave ends.
13. 13
Industrial Dispute Act, 1948 To provide for investigation and settlement of
industrial disputes – and mainly, provides for
prohibition of unfair labour practices.
Contract Labour (Regulation and Abolition) Act, 1970
& 1971
Provides for conditions of work for contract
labourers.
The Weekly Holidays Act, 1942 To Provide for grant of weekly holidays to persons
employed in shops, restaurants
Mines Act, 1952 To provide for regulation of labour and health and
safety in mines.
Motor Transport Workers Act, 1961 To provide for welfare of motor transport workers
and to regulate the conditions of their work.
Hours of Work, Shifts, Spread-over, Rests and
Overtime Beedi & Cigar Workers (Conditions of
Employment) Act, 1966
To provide for welfare of the workers in beedi and
cigar establishments and to regulate the conditions
of their work
Factories Act, 1948 To provide for occupational safety and health in
factories and docks in India.
It deals with various problems concerning safety,
health, efficiency and well-being of the persons at
work places.
There are many laws made for the betterment for the labour force in India - some of which are :
Laws for Labour Force
14. Living Wage, etc., for Workers – Article 43
14
“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.”
In general parlance, the concept of living wage includes the bare necessities of life, such as food,
shelter and clothing, provisions for education of children and insurance etc.
The concept of living wage has been discussed by the Hon’ble Supreme Court in
Standard Vacuum Refining Co. of India V. Workmen, 1961 AIR 895 and Express Newspapers (P) Ltd.
V. Union of India, 1986 AIR 872 –
“The idea is that every workman shall have a wage which will maintain him in the highest state
of industrial efficiency, which will enable him to provide his family with all the material things
which are needed for their health and physical well-being, enough to enable him to qualify to
discharge his duties as a citizen.”
Furthermore, the provision lays down the State’s duty to promote cottage industries.
It is the State’s duty to ensure that the labour is not exploited at the hands of the employer and
hence labour welfare measures of this sort are absolutely essential for the proper governance of
any State.
15. Participation of Workers in Management of
Industries – Article 43A
15
“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 organisations engaged in any
industry.”
a. Workers’ participation in management is an essential ingredient of Industrial democracy.
b. It is considered as a mechanism where workers have a say in the decision that the
employer makes.
c. The Hon’ble Court in Gujarat Kamdar Sahakari Mandal vs Ramkrishna Mills Ltd.,1998
CompCas 692 Guj, held that the provisions of article 43A intends to herald industrial
democracy and marks the "end of industrial bonded labour".
16. Rationale behind Article 43A
▪ The Constitutional mandate is that the management of the enterprises should not be left
entirely in the hands of suppliers of capital, but the workers should also be entitled to
participate in it because in a socialist pattern of society the enterprise, which is the centre
of economic area, should be controlled not only by suppliers of capital but also by labour,
▪ The workers, therefore, have a special place in a socialist pattern of society as they are
producers of wealth as much as capital. They supply labour without which the capital
would be impeded and they are at the least equal partners with capital in the enterprise.
▪ It is in the light of the aforesaid Constitutional philosophy, that the scheme which is put
forward by the society of workers is required to be approached.
▪ This is reason why Trade Unions and other such associations are promoted and even
sanctioned by legislations like the Trade Unions Act, 1926.
16
18. Uniform Civil Code – Article 44
18
“The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of
India.”
▪ Uniform civil code (“UCC”) is the ongoing point of debate regarding the Indian
Constitution's mandate to replace personal laws based on the scriptures and customs of
each major religious community in India with a common set of rules governing every
citizen.
▪ Article 44 of the Directive Principles directs the state to apply these while formulating
policies for the country.
▪ Apart from being an important issue regarding secularism in India & fundamental right to
practice religion contained in Article 25, it became one of the most controversial topics in
contemporary politics.
▪ Goa has implemented Uniform Civil Code for its inhabitants.
19. The Debate around UCC
▪ The argument in support of bringing a Uniform Civil Code is to auger the national integration
▪ All Indian citizens are already equal before the court of law as the criminal laws and other
civil laws (except personal laws) are same for all.
▪ With the implementation of Uniform Civil Code, all citizen will share the same set of
personal laws.
▪ There will be no scope of politicization of issues of the discrimination or concessions or
special privileges enjoyed by a particular community on the basis of their particular religious
personal laws.
▪ The argument against it is that it will rob the nation of its religious diversity and violate the
fundamental right to practice religion enshrined in Article 25 of the Constitution.
▪ In fact, they hold that a state action to introduce the UCC is against the quintessence of
democracy.
▪ The secular state is an enabler of rights rather than an inhibitor in sensitive matters of
religion and personal laws.
19
20. Judicial Precedents
▪ In Shabnam Hashmi vs. Union of India and others, W.P.470 of 2005, the Hon’ble Apex
Court observed that the rationale behind Article 44 is that personal beliefs and faith
should not dictate the laws applicable to persons and emphasized on the need for a
Uniform Civil Code to bring about equality in law in personal matters of citizens.
▪ In Lily Thomas vs. Union of India, (2000) 6 SCC 224, the Hon’ble Apex Court expressed that
it did not have any powers to issue directions for the codification of personal laws into a
uniform civil code as the directive principles of state policy are non-justiciable.
20
22. Provision for Early Childhood Care and
Education to Children – Article 45
▪ This article seeks to provide education and early childhood care (such as crèches,
playschools, kindergartens, Montessori schools) for children up to 6 years.
▪ Furthermore, the 86th Constitutional Amendment Act, 2002, introduced Right to Education
as a Fundamental Right under Article 21A – this provides free and compulsory education
until the age of 14 years.
▪ The Right of Children to Free and Compulsory Education (RTE) Act, 2009 was enacted in
pursuance of the spirit of this Article.
▪ Under the RTE Act, all children between the ages of 6 and 14 years have the right to
elementary education (class 1-8) in a neighbourhood school.
22
“The State shall endeavour to provide early childhood care and education for all children until they
complete the age of six years.”
23. Judicial Precedents
▪ In Unni Krishnan v State of A.P, 1993 AIR 217, the Hon’ble Supreme Court has held that
the “Right to education” up to the age of 14 years is a fundamental right within the
meaning of Article 21 of the Constitution, and declared that the right to education flows
directly from right to life.
▪ It was further observed that Article 45 of the Constitution deals with early childhood care
and education below the age of 6 years.
▪ The Hon’ble Supreme Court noted that the even though Article 45 is non-justiciable, the
Fundamental Right under Article 21A covers, within its scope, the aim sought to be
achieved by Article 45.
23
24. Promotion of Educational and Economic
Interests – Article 46
24
“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.”
▪ The need for special and preferential treatment to Scheduled Castes, Scheduled Tribes
and other weaker sections of society is because they are historically disadvantaged
groups and for a nation to progress, all sections of its population need to prosper
▪ Article 46 provides that the State shall promote the educational and economic interests
of the weaker sections of the society and in particular, of the Scheduled Castes and
Scheduled Tribes and shall protect them from social injustice and all forms of
exploitation.
▪ Reservation in educational institution has been provided in Article 15(4) while reservation
in posts and services has been provided in Article 16(4), 16(4A) and 16(4B) of the
Constitution.
25. ▪ Article 23 which prohibits traffic in human beings and beggar and other similar forms of forced
labour has a special significance for Scheduled Tribes.
▪ In pursuance of this Article, Parliament has enacted the Bonded Labour System (Abolition)
Act, 1976.
▪ Similarly, Article 24 which prohibits employment of Children below the age of 14 years in any
factory or mine or in any other hazards activity is also significant for Scheduled Tribes as a
substantial portion of child labour engaged in these jobs belong to Scheduled Tribes.
▪ Article 243D provides reservation of Seats for Scheduled Tribes in Panchayats.
▪ Article 330 provides reservation of seats for Scheduled Tribes in the House of the People.
▪ Article 332 provides reservation of seats for Scheduled Tribes in Legislative Assemblies of the
States.
25
Other Measures to Promote Interests
27. Duty of the State to Raise the Level of
Nutrition – Article 47
27
“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
endeavor to bring about prohibition of the consumption, except for medicinal purposes, of intoxicating
drinks and of drugs which are injurious to health”
▪ The Constitution directs the state to take measures to improve the condition of health
care of the people.
▪ It further mandates the state to prohibit the consumption of intoxicating drinks and drugs
except for medicinal purposes.
28. Alcohol Prohibition
▪ This has been a controversial provision as prohibition of total consumption of alcohol is
deemed to be violative of the liberty of an individual.
▪ In pursuance of this, The Nagaland Liquor Total Prohibition Act, 1989 and The
Lakshadweep Prohibition Regulation, 1979 have been enacted.
▪ In Khoday Distilleries Ltd vs State Of Karnataka , 1995 SCC (1) 574 , it was held
that Article 47 is one of the directive principles which is fundamental in the governance of
the country and the State has the power to completely prohibit the manufacture, sale,
possession, distribution and consumption of potable liquor as a beverage
▪ However, alcohol prohibition in India is in force only in states of Gujarat, Nagaland, Bihar,
Mizoram and Lakshadweep.
▪ All other Indian states and union territories permit the sale of alcohol, which serves as a
major source of revenue for the respective Government
28
29. Organisation of Agriculture and Animal
Husbandry – Article 48
▪ The main significance of Article 48 was purely to boost the agrarian economy, thereby
uplifting animal husbandry in the rural villages.
▪ In pursuance of this mandate, many states have enacted laws to prohibit slaughter of
cows, calves, other milch and draught cattle.
▪ Some of the legislations are as follows - Andhra Pradesh Prohibition of Cow Slaughter and
Animal Preservation Act, 1977, The Bihar Preservation and Improvement of Animals Act,
1955, Punjab Prohibition of Cow Slaughter Act, 1955.
▪ However, in the states of Arunachal Pradesh, Assam, Kerala, Mizoram, Meghalaya,
Nagaland, Tripura and West Bengal, there are no restrictions on cow slaughter and beef
is consumed here.
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“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.”
30. Judicial Precedents
▪ In several cases, such as Mohd. Hanif Qureshi v. State of Bihar, AIR 1959 SCR 629, and
Abdul Hakim and others v. State of Bihar, AIR 1961 SC 448 , the Hon’ble Supreme Court has
held that, "A total ban on cattle slaughter]was not permissible if, under economic
conditions, keeping useless bull or bullock be a burden on the society and therefore not in
the public interest.
▪ The Hon’ble Supreme Court’s ruling in the State of Gujarat v. Moti Qureshi Kassab, Appeal
(civil) 4937-4940 of 1998 interpreted Article 48 in consonance with Article 51A(g) of the
Constitution (Article 51A(g) being protection and improvement of Natural Environment
including forests, lakes, rivers and wildlife, and to have compassion for all living creatures),
thereby justifying it’s decision on a complete ban on bovine slaughter.
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32. Protection of Environment and
Safeguarding of Forests and Wild Life –
Article 48A
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“The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life
of the country.”
▪ It was introduced by the Forty Second Constitutional Amendment Act, 1976.
▪ One of the serious man made disasters to the environment in India where many lost their
lives was the Bhopal Gas Tragedy in the year 1984.
▪ Since then, the need for protection of the environment has become an important issue to
concentrate on.
▪ This Article 48A is for the Protection and Improvement of environment and safeguarding
the forests and wildlife.
33. Bhopal Gas Tragedy, 1984
▪ The Bhopal Gas Tragedy Case: Union Carbide vs Union of India, 1990 AIR 273.
▪ The Bhopal disaster has brought in many legal questions on the responsibilities of
transnational companies indulged in unsafe activities which have potential effects on the
environment.
▪ On December 3rd, 1984, lethal and harmful chemicals were released from Union Carbide’s
manufacturer plant in Bhopal due to the negligence, and killed over 3,500 people and
caused health complications in over 1,00,000 people.
▪ The Bhopal gas leak disaster (Processing of Claims) Act, 1985 was enacted in the
Parliament to make sure that the compensation was paid to the victims of the Bhopal Gas
Tragedy.
▪ The Hon’ble Apex Court observed that more stringent laws with regard to environmental
pollution and liabilities for environmental crimes need to be enacted in pursuance of
Article 48A.
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34. 34
Act Objective
The Environment (Protection) Act, 1986 To improve environmental quality, control
and reduce pollution from all sources
The Indian Forest Act and Amendment, 1984, To consolidate the law related to forest, the
transit of forest produce, and the duty
leviable on timber and other forest produce
The Wildlife Protection Act, Rules 1973 For the protection of birds and animals and
for all matters that are connected to it
whether it be their habitat or the waterhole
or the forests that sustain them.
The Forest (Conservation) Act and Rules, 1981 For the protection and conservation of the
forests.
The Biological Diversity Act , 2002 For the conservation of biological diversity,
sustainable use of its components, and fair
and equitable sharing of the benefits arising
out of the use of biological resources and
knowledge associated with it.
The Water (Prevention and Control of Pollution) Act ,
1974
To provide an institutional structure for
preventing and abating water pollution and
standards for water quality
Various Legislations in Place
35. Protection of Monuments and Places of
National Importance – Article 49
▪ This article mandates the state to protect artisitic and historic monuments, places or
objects.
▪ In Emca Construction Co. Thr. M.P. Gupta Vs. Archelological Survey of India and ors.,
164(2009)DLT515, it was noted that the Ancient Monuments Archaeological Sites and
Remains Act, 1958; Ancient Monuments Act, 1951 were enacted pursuant to the mandate
under Article 49.
▪ The Ancient Monuments Archaeological Sites and Remains Act, 1958 was enacted to
provide for the preservation of ancient and historical monuments and archaeological sites
and remains of national importance, for the regulation of archaeological excavations and
for the protection of sculptures, carvings and other like objects.
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“It shall be the obligation of the State to protect every monument or place or object of artistic or historic
interest, declared by or under law made by Parliament to be of national importance, from spoliation,
disfigurement, destruction, removal, disposal or export, as the case may be.”
36. ▪ In Taj Mahal case (M C Mehta V. Union of india, AIR 1997 SC 734), the Hon’ble Supreme
Court issued directions that coal and coke based industries in Taj Trapezium (TTZ) that
were damaging Taj ought to either modification over to gas or to be resettled outside TTZ.
▪ The Hon’ble Supreme Court further directed to safeguard the plants planted around Taj by
the Forest Department.
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Judicial Precedent