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Nationalist Movements in India

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    Nationalist Movements in India

    The Nationalist Movements in Indiawere organized mass movements

    emphasizing and raising questions concerning the interests of the people ofIndia. In most of these movements, people were themselves encouraged to take

    action. Due to several factors, these movements failed to win Independence for

    India. owever, the! did promote a sense of nationalism among the people of

    the countr!. The failure of these movements a"ected man! people as the!

    withdrew from #overnment o$ces, schools, factories and services. Though the!

    did manage to get a few concessions such as those won %! the &alt Marchin

    1'(), the! did not help India much from the point of view of their o%*ective.

    v*v, Nizamiyat, the local nawa%s of +udhand engaland other smaller powers.

    -ach was a strong regional power inuenced %! its religious and ethnic identit!.

    owever, the -ast India /ompan!ultimatel! emerged as the predominant

    power. +ne of the results of the social, economic and political changes instituted

    in the countr! throughout the greater part of 10th centur! was the growth of the

    Indian middle class. lthough from di"erent %ackgrounds and di"erent parts of

    India, this middle class and its varied political leaderships contri%uted to a

    growing 2Indian2 identit!2.314The realisation and re5nement of this concept of

    national identit! fed a rising tide of nationalism in India in the last decades of

    the 1'th centur!.3643(4374

    The &wadeshi movement encouraged the Indian people to stop using ritish

    products and start using their own handmade products. The original &wadeshi

    movement emanated from the partition of engal in 1')8 and continued up to

    1')0. The &wadeshi movement which was a part of the Indian freedom struggle

    was a successful economic strateg! to remove the ritish empire and improve

    economic conditions in India.The &wadeshi movement soon stimulated local

    enterprise in man! areas. 9okman!a al #angadhar Tilak, ipin /handra

    :al, 9ala 9a*pat ;ai,

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    movement. The trio also known as 99 9 :9.The &wadeshi movement was

    the most successful.The name of 9okman!a %egan spreading around and people

    started following him in all parts of the countr!.

    Indian te=t industr! also pla!ed an important role in the freedom struggle of

    India. The merchandise of the te=tile industr! pioneered the Industrial revolution

    in India and soon -ngland was producing cotton cloth in such great quantities

    that the domestic market was saturated and foreign markets were required to

    sell the production. +n the other hand, India was rich in cotton produce and was

    in a position to suppl! ritish mills with the raw material, the! required. This was

    the time when India was under ritish rule and the -ast India /ompan! had

    alread! esta%lished its roots in India. ;aw materials went to -ngland at ver! low

    rates and cotton cloth of re5ned qualit! was %rought %ack to India and sold here

    at ver! high prices. This was draining India>s econom! and the te=tile industr! of

    India su"ered greatl!. This led to a great resentment among cotton cultivators

    and traders.

    To add fuel to the 5re 9ord /urzon announced the partition of engal in 1')8,

    and there was a massive opposition from the people of engal. Initiall! the

    partition plan was opposed through press campaign. The total follower of such

    techniques led to the %o!cott of ritish goods and the people of India pledged to

    use onl! swadeshi or Indian goods and to wear onl! Indian cloth. Imported

    garments were viewed with hate. t man! places, pu%lic %urnings of foreign

    cloth were organized. &hops selling foreign cloths were closed. The cotton te=tile

    industr! is rightl! descri%ed as swadeshi industr!. The period witnessed the

    growth of swadeshi te=tile mills. &wadeshi factories came into e=istence

    ever!where.

    ccording to &urendranath aner*i, swadeshi movement changed the entire

    te=ture of our social and domestic life. The songs composed %! ;a%indranath

    Tagore, ;a*inikant &ingh and &!ed %u Mohd %ecame the moving spirit for the

    nationalists. The movement soon spread to the rest of the countr! and the

    partition of engal had to %e 5rml! inhaled on the 5rst of pril, 1'16.

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    (

    The Non Co-operation Movement

    This movement lasted from &eptem%er 1'6) to ?e%ruar! 1'66.The Non

    /ooperation Movement in India was the 5rst of the three ma*or movements

    carried out %! #andhi. The movement was started with the thought in mind that

    the ritish rule had lasted in India onl! %ecause of the cooperation %! Indians. If

    Indians refused to cooperate then India would gain Independence. The

    Movement soon caught national attention and millions *oined the movement.

    :eople left their o$ces, *o%s, factories or an! other %usiness which cooperated

    the ritish. :eople forced their children out of the government schools and

    colleges. The failure of these movements made man! people poor, uneducated

    and illiterate due to withdrawal from government o$ces, schools, factories and

    services. The name of Mahatma #andhi %egan spreading around. :eople started

    following him in all parts of the countr!. owever, the movement could not

    continue as anticipated %! Mahatma %ecause of the incident of /hauri /haurah.

    e had hoped for a nationwide peaceful and non@violent movement.

    The Chauri Chaurah incident

    In 1'66, there was a mo% violence at /hauri /haurah, Attar :radesh in which

    the people %urned a police station and killed one main police o$cer along with

    66 policemen. It happened %ecause when a group of people were demonstrating

    peacefull! the police had 5red upon them which stirred the people to attack.

    ecause of this violent incident Mahatma #andhi had to stop the Non

    /ooperation Movement.

    The Dandi March , /ivil diso%edient movement B &alt sat!agraha

    The &alt &at!agraha was started %! Mohandas karamchand gandhi on 16

    March 1'() from &a%armati shramto 8 pril till Dandi, #u*arat where he

    manufactured &alt, %roke the &alt 9aw and started a nationwide /ivil

    diso%edience. The &alt March, also known as the &alt &at!agraha, %egan on 16

    March 1'() and was an important part of the Indian independence movement. It

    https://en.wikipedia.org/wiki/Sabarmati_Ashramhttps://en.wikipedia.org/wiki/Civil_disobediencehttps://en.wikipedia.org/wiki/Civil_disobediencehttps://en.wikipedia.org/wiki/Sabarmati_Ashramhttps://en.wikipedia.org/wiki/Civil_disobediencehttps://en.wikipedia.org/wiki/Civil_disobedience
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    was a direct action campaign of ta= resistance and non violent protest against

    the ritish salt monopol! in colonial India, and triggered the wider /ivil

    Diso%edience Movement. This was the most signi5cant organised challenge to

    ritish authorit! since the Non@cooperation movement of 1'6)C66, and directl!

    followed the :urna &wara* declaration of independence %! the Indian National

    /ongress on 6 Eanuar! 1'().

    Mohandas Faramchand #andhi Gcommonl! called Mahatma #andhiH led the

    march from his %ase, &a%armati shram near hmeda%ad, to the coastal village

    of Dandi, located at a small town called Navsari, in the state of #u*arat. s he

    continued on his 67@da!, 67)@mile G(') kmH march to Dandi to produce salt

    without pa!ing the ta=, growing num%er of Indians *oined him along the wa!

    Initiall! with J0 volunteers it ended up in thousands. Khen #andhi %roke the salt

    laws at L() am on 8 pril 1'(), it sparked large scale acts of civil diso%edience

    against the ritish ;a* salt laws %! millions of Indians.314 The campaign had a

    signi5cant e"ect on changing the world and ritish attitude towards Indian

    independence3643(4 and caused large num%ers of Indians to *oin the 5ght for

    independence for the 5rst time.

    fter making salt at Dandi, #andhi continued southward along the coast,

    producing salt and addressing meetings on the wa!. The /ongress :art! planned

    to stage a sat!agraha at the Dharasana &alt Korks, 68 miles south of Dandi.

    owever, #andhi was arrested on the midnight of 7C8 Ma! 1'(), *ust da!s

    %efore the planned action at Dharasana. The Dandi March and the ensuing

    Dharasana &at!agraha drew worldwide attention to the Indian independence

    movement through e=tensive newspaper and newsreel coverage. The

    sat!agraha against the salt ta= continued for almost a !ear, ending with

    #andhi>s release from *ail and negotiations with

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    The &alt &at!agraha campaign was %ased upon #andhi>s principles of nonviolent

    protest called sat!agraha, which he loosel! translated as [email protected]

    9iterall!, it is formed from the &anskrit words sat!a, 2truth2, and agraha, 2force.2

    In earl! 1'() the Indian National /ongress chose sat!agraha as their main tactic

    for winning Indian independence from ritish rule and appointed #andhi to

    organise the campaign. #andhi chose the 1006 ritish &alt ct as the 5rst target

    of sat!agraha. The &alt March to Dandi, and the %eating %! ritish police of

    hundreds of nonviolent protesters in Dharasana, which received worldwide news

    coverage, demonstrated the e"ective use of civil diso%edience as a technique

    for 5ghting social and political in*ustice.304 The sat!agraha teachings of #andhi

    and the March to Dandi had a signi5cant inuence on merican activists Martin

    9uther Fing, Er., Eames evel, and others during the movement for civil rights for%lacks and other minorit! groups in the 1')s.3'4.The famous civil diso%edience

    movement started with Dandi march in 1'(). Through this historic march

    #andhi and his supporters marched to %reak the salt law along with civil

    diso%edience movement. This movement was spread throughout the countries,

    Madras @ ra*agopal chari led this movement and khan a%dul ga"ar khan in

    northwest.

    The uit India Movement

    The uit India movement was the 5nal of the three ma*or nationalist

    movements in India. It was started in ugust, 1'76 %! M.F. #andhi. Though the

    uit India Movement collapsed within a ver! short time it will %e a mistake to

    suppose that the movement was a total failure. ?irstl!, the movement revealed

    the determination of the people to undergo an! amount of su"ering for the

    cause of the countr!. &econdl!, the popular character of the ugust ;e%ellion

    was revealed through the participation of students, working class and peasants.

    In the opinion of &umit &arkar, it was the participation of the peasant communit!

    that turned the movement into a mass upsurge. Thirdl!, the 1'76 Movement

    marked the end of Indias struggle for freedom and ma! %e regarded as an ape=

    of the freedom struggle. ?ourthl!, the violent mass upsurge of 1'76 convinced

    the ritish ruler that their hold was sure to collapse in India sooner or later...

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    ;esult of movements

    The mass movements failed in their primar! o%*ective, achieving independence

    for India, as the! were often called o" %efore the! naturall! concluded. owever

    the! sparked nationalist sentiment with the Indian populace, 5gures like

    Mahatama #andhi united a nation %ehind his non@violent philosoph! and

    undou%tedl! put crucial pressure on the ritish occupation. Khile in the later

    !ears of the ;a* economic factors like the reversing trade fortunes %etween

    ritain and India and the cost of 5elding the Indian armed forces a%road lumped

    on the ritish ta= pa!er %! the 1'(8 #overnment of India act, had mounting

    implication for ritish administration, united resistance further drew light on the

    growing disparit! of the ritish failures to achieve solidarit! over India. Indeed,

    Nationalist Movements in India were merel! another notch on ritain>s ever

    scarred grip over its ;a*, faced with a magnitude of issues, mass Movements

    attri%uted to %ut were not solel! responsi%le for India>s independence in 1'7J.

    9egacies of ritish ;a*

    The ritish rule in India for a%out 6)) !ears left %ehind it some permanent imprint in

    the socio@economic, political and cultural life of Indians.

    Khatever developments political, administrative economic, social or intellectual@

    India witnessed during two centuries of ritish rule here were not planned %! the

    colonial rulers out of an! philanthropic mission for the welfare of Indians %ut were

    merel! outcomes of the imperial rulers larger aim of keeping their hold over India

    and for promoting the political, economic or material interests of their own countr!.

    Eawaharlal Nehru has rightl! commented that O/hanges came to India %ecause of

    the impact of the west %ut these came almost in spite of the ritish in India.

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    The! succeeded in slowing down the pace of those changes.P e further said that

    the most o%vious fact is the sterilit! of ritish rule in India and twirling of Indian life

    %! it.

    ut the Indian &cholars like Dada%hai Nauro*i, ;./. Dutta and man! others do not

    accept the views of the ritish &cholars. The! evaluated the 9egac! of the ritish

    from the nationalistic point of view. The! criticized the -nglish as the! distur%ed the

    economic life of India. The! destro!ed the ourishing handicraft, trade and

    commerce. The! put o%stacles in the wa! of modernization %! e=ploiting the rich

    economic resources of the countr!. The! also spread the feeling of communalism

    among the indus and Muslims which ultimatel! led to the partition of India.

    +f course %oth of these opinions are not true and the real truth lies %etween %oth of

    them. In fact, without the ritish rule, the modernization would have %een

    impossi%le. &o the contri%ution of the ritish towards the modernization of the

    countr! cannot %e ignored. The Indian scholars do not accept this theor! onl!

    %ecause of the economic polic! of ritish, their encouragement to the feeling of

    communalism and regionalism among the people. &o we shall have to pick out

    some relia%le solid facts to trace out the truth.

    No dou%t, India achieved her political uni5cation under the ritish rule. :rior to the

    rule of the ritish, India was divided into a num%er of states and there was no unit!

    among the rulers of di"erent states. The rulers alwa!s 5ght against one another in

    order to esta%lish their power. The! lacked political unit! which was the chief reason

    of their defeat against the ritish.

    The ritish conquered all these states one after another and esta%lished an empire

    in India. The ritish had introduced a uniform s!stem of administration throughout

    the countr!. ?urthermore, introduction of the railwa!s, telegraphs and uni5ed postal

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    s!stem promoted mutual contact among the people. Andou%tedl!, the ritish

    9i%erated India from the medieval traditions and laid the foundations of modern

    administrative s!stem in the countr!.

    The credit of origin of administrative machiner! also goes to the ritish rule. The

    post mutin! period witnessed the growth and development of this administrative

    s!stem. The Indian /ivil &ervice, the Indian :olice &ervice, the Indian udit and

    ccount &ervice, the Indian Medical &ervice, the Indian -ducation &ervice, the

    ;evenue and Eudicial &ervice created an administrative machiner! that not onl!

    shouldered the responsi%ilit! of the work of #overnment on a large scale %ut also

    dealt with the famine, plague, means of transport and communication, agricultural

    pro*ects etc.

    /redit goes to the ritish #overnment for the esta%lishment of popular institutions.

    The 9egislative /ouncil was set up in 108( and later enlarged in 101 to induct

    some nominated mem%ers. Kith the Morle! Minto reforms the provincial legislative

    councils %egan to reect popular opinion. The principle of direct election for

    democrac! was introduced in the Montague /helmsford ct, The #overnment of

    India ct of 1'(8 made :rovinces autonomous. esides this, the local@self

    #overnment of 9ord ;ipon provided training for democratic and self governing

    institutions in higher level.

    The credit of emergence of middle class also goes to the spread of -nglish

    education during the ritish rule. Due to the -nglish education, intellectual

    awakening took place among the middle class people. The intellectual middle class

    led the national movement and demanded self@rule for India.

    The Indian ;enaissance and several socio@religious movements of 1'th centur!

    were the outcome of the reactions against the ritish rule and their atrocities. ;a*a

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    ;am Mohan ;o!, Da!ananda &araswati, &wami ;ama Frishna :aramahansa, &wami

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    out%reak of Industrial ;evolution in -ngland, the economic e=ploitation reached its

    clima=.

    Di"erent kinds of raw materials were supplied from India to -ngland. Altimatel!

    India %ecame a supplier of raw materials to -ngland and the %u!er of manufactured

    goods of -ngland. It adversel! a"ected the trade and commerce of the countr!.

    The condition of the peasants %ecame misera%le. The ruin of rural artisan industries

    proceeded more rapidl! once the railwa!s were %uilt. s D.. uchanan writes, OThe

    armour of the isolated self su$cient village was pierced %! the steel rail, and its life

    %lood e%%ed awa!.P griculture, trade, and industr! of India were ruined %adl! and

    India %ecame a poor countr! as at had never %een.

    Moreover, the ritish rule created the feeling of communalism, regionalism among

    the people of India, which led to the partition of the countr!. :artition of India is one

    of the worst results of the polic! of the -nglish. There is still tug of war %etween

    India and :akistan for supremac!.

    Thus, the ritish rule in India proved %oth %ene5cial and harmful in di"erent

    spheres. In@fact whatever harm the ritish had done to India was onl! to safeguard

    their own interest and whatever advantage the Indians received from the ritish

    rule was the outcome of the e"orts made %! the leaders of national movement.

    /onstitution of India

    The basic structure doctrineis an Indian*udicial principle that the/onstitution

    of Indiahas certain basic featuresthat cannot %e altered or destro!ed

    through amendments%! the parliament.314Fe! among these 2%asic features2, are

    https://en.wikipedia.org/wiki/Indiahttps://en.wikipedia.org/wiki/Constitution_of_Indiahttps://en.wikipedia.org/wiki/Constitution_of_Indiahttps://en.wikipedia.org/wiki/Amendments_to_the_Constitution_of_Indiahttps://en.wikipedia.org/wiki/Parliament_of_Indiahttps://en.wikipedia.org/wiki/Basic_structure_doctrine#cite_note-hindu-basic-features-1https://en.wikipedia.org/wiki/Indiahttps://en.wikipedia.org/wiki/Constitution_of_Indiahttps://en.wikipedia.org/wiki/Constitution_of_Indiahttps://en.wikipedia.org/wiki/Amendments_to_the_Constitution_of_Indiahttps://en.wikipedia.org/wiki/Parliament_of_Indiahttps://en.wikipedia.org/wiki/Basic_structure_doctrine#cite_note-hindu-basic-features-1
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    the fundamental rightsgranted to individuals %! the constitution.3143643(4The

    doctrine thus forms the %asis of a limited power of the&upreme /ourtto review

    and strike down constitutional amendments enacted %! the :arliament which

    conict with or seek to alter this 2%asic structure2 of the /onstitution. The %asic

    structure doctrine applies onl! to constitutional amendments. The %asic features

    of the /onstitution have not %een e=plicitl! de5ned %! the Eudiciar!, and the

    claim of an! particular feature of the /onstitution to %e a 2%asic2 feature is

    determined %! the /ourt in each case that comes %efore it. The %asic structure

    doctrine does not appl! to ordinar!cts of :arliament, which must itself %e in

    conformit! with the /onstitution.

    The &upreme /ourt>s initial position on constitutional amendments was that no

    part of the /onstitution was unamenda%le and that the :arliament might, %!

    passing a /onstitution mendment ct in compliance with the requirements of

    article (0, amend an! provision of the /onstitution, including the ?undamental

    ;ights and article (0. The 2%asic features2 principle was 5rst e=pounded in

    1'7, %! Eustice E.;. Mudholkar in his dissent, in the case of Sajjan Singh v. State

    of Rajasthan. e wrote, 2It is also a matter for consideration whether making a

    change in a %asic feature of the /onstitution can %e regarded merel! as an

    amendment or would it %e, in e"ect, rewriting a part of the /onstitution and ifthe latter, would it %e within the purview of rticle (0Q2

    In 1'J, the &upreme /ourt reversed its earlier decisions in Golaknath v. State

    of Punjab. It held that ?undamental ;ights included in :art III of the /onstitution

    are given a 2transcendental position2 and are %e!ond the reach of :arliament. It

    also declared an! amendment that 2takes awa! or a%ridges2 a ?undamental

    ;ight conferred %! :art III as unconstitutional. ! 1'J(, the %asic structure

    doctrine triumphed in Eustice ans ;a* Fhanna>s *udgment in the landmarkdecisionofesavananda !harati v. State of erala.374:reviousl!, the &upreme

    /ourt had held that the power of :arliament to amend the /onstitution was

    unfettered.314owever, in this landmark ruling, the /ourt ad*udicated that while

    :arliament has 2wide2 powers, it did not have the power to destro! or

    emasculate the %asic elements or fundamental features of the constitution.

    https://en.wikipedia.org/wiki/Fundamental_Rights_in_Indiahttps://en.wikipedia.org/wiki/Basic_structure_doctrine#cite_note-hindu-basic-features-1https://en.wikipedia.org/wiki/Basic_structure_doctrine#cite_note-ik-257876-2https://en.wikipedia.org/wiki/Basic_structure_doctrine#cite_note-frontline-revisiting-3https://en.wikipedia.org/wiki/Supreme_Court_of_Indiahttps://en.wikipedia.org/wiki/Acts_of_Parliamenthttps://en.wikipedia.org/wiki/I.C._Golak_Nath_and_Ors._vs._State_of_Punjab_and_Anr.https://en.wikipedia.org/wiki/I.C._Golak_Nath_and_Ors._vs._State_of_Punjab_and_Anr.https://en.wikipedia.org/wiki/Hans_Raj_Khannahttps://en.wikipedia.org/wiki/Hans_Raj_Khannahttps://en.wikipedia.org/wiki/Landmark_decisionhttps://en.wikipedia.org/wiki/Landmark_decisionhttps://en.wikipedia.org/wiki/Kesavananda_Bharati_v._State_of_Keralahttps://en.wikipedia.org/wiki/Basic_structure_doctrine#cite_note-ik-257876-316-4https://en.wikipedia.org/wiki/Basic_structure_doctrine#cite_note-hindu-basic-features-1https://en.wikipedia.org/wiki/Fundamental_Rights_in_Indiahttps://en.wikipedia.org/wiki/Basic_structure_doctrine#cite_note-hindu-basic-features-1https://en.wikipedia.org/wiki/Basic_structure_doctrine#cite_note-ik-257876-2https://en.wikipedia.org/wiki/Basic_structure_doctrine#cite_note-frontline-revisiting-3https://en.wikipedia.org/wiki/Supreme_Court_of_Indiahttps://en.wikipedia.org/wiki/Acts_of_Parliamenthttps://en.wikipedia.org/wiki/I.C._Golak_Nath_and_Ors._vs._State_of_Punjab_and_Anr.https://en.wikipedia.org/wiki/I.C._Golak_Nath_and_Ors._vs._State_of_Punjab_and_Anr.https://en.wikipedia.org/wiki/Hans_Raj_Khannahttps://en.wikipedia.org/wiki/Landmark_decisionhttps://en.wikipedia.org/wiki/Landmark_decisionhttps://en.wikipedia.org/wiki/Kesavananda_Bharati_v._State_of_Keralahttps://en.wikipedia.org/wiki/Basic_structure_doctrine#cite_note-ik-257876-316-4https://en.wikipedia.org/wiki/Basic_structure_doctrine#cite_note-hindu-basic-features-1
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    lthough esavanandawas decided %! a narrow margin of J@, the %asic

    structure doctrine has since gained widespread acceptance and legitimac! due

    to su%sequent cases and *udgments. :rimar! among these was the imposition of

    a state ofemergenc!%! Indira #andhiin 1'J8, and her su%sequent attempt to

    suppress her prosecution through the ('th mendment. Khen

    the esavanandacase was decided, the underl!ing apprehension of the ma*orit!

    %ench that elected representatives could not %e trusted to act responsi%l! was

    perceived as unprecedented. owever, the passage of the ('th mendment %!

    the Indian National /ongress> ma*orit! in central and state legislatures, proved

    that in fact such apprehension was well@founded. In Indira Nehru Gandhi v. Raj

    Narainand Minerva Mills v. "nion of India, /onstitutional enches of the

    &upreme /ourt used the %asic structure doctrine to strike down the ('thmendment and parts of the 76nd mendment respectivel!, and paved the wa!

    for restoration of Indian democrac!.3(4

    The &upreme /ourt>s position on constitutional amendments laid out in its

    *udgements is that :arliament can amend the /onstitution %ut cannot destro! its

    2%asic structure2.

    De5nition

    The 2%asic features2 principle was 5rst e=pounded in 1'7, %! Eustice E.;.

    Mudholkar in his dissent, in the case of Sajjan Singh v. State of Rajasthan. e

    wrote, 2It is also a matter for consideration whether making a change in a %asic

    feature of the /onstitution can %e regarded merel! as an amendment or would it

    %e, in e"ect, rewriting a part of the /onstitution and if the latter, would it %e

    within the purview of rticle (0 Q234

    The %asic features of the /onstitution have not %een e=plicitl! de5ned %! the

    Eudiciar!. t least, 6) features have %een descri%ed as 2%asic2 or 2essential2 %!

    the /ourts in numerous cases, and have %een incorporated in the %asic

    structure. InIndira Nehru Gandhi v. Raj Naraianand also in the Minerva

    Millscase, it was o%served that the claim of an! particular feature of the

    https://en.wikipedia.org/wiki/The_Emergency_(India)https://en.wikipedia.org/wiki/Indira_Gandhihttps://en.wikipedia.org/wiki/Indian_National_Congresshttps://en.wikipedia.org/wiki/Minerva_Mills_v._Union_of_Indiahttps://en.wikipedia.org/wiki/Basic_structure_doctrine#cite_note-frontline-revisiting-3https://en.wikipedia.org/wiki/Basic_structure_doctrine#cite_note-6https://en.wikipedia.org/wiki/The_Emergency_(India)https://en.wikipedia.org/wiki/Indira_Gandhihttps://en.wikipedia.org/wiki/Indian_National_Congresshttps://en.wikipedia.org/wiki/Minerva_Mills_v._Union_of_Indiahttps://en.wikipedia.org/wiki/Basic_structure_doctrine#cite_note-frontline-revisiting-3https://en.wikipedia.org/wiki/Basic_structure_doctrine#cite_note-6
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    /onstitution to %e a 2%asic2 feature would %e determined %! the /ourt in each

    case that comes %efore it. &ome of the features of the /onstitution termed as

    2%asic2 are listed %elowL

    1. &upremac! of the /onstitution

    6. ;ule of law

    (. The principle of &eparation of :owers

    7. The o%*ectives speci5ed in the :ream%le to the /onstitution

    8. Eudicial ;eview

    . rticles (6 and 66

    J. ?ederalism

    0. &ecularism

    '. The &overeign, Democratic, ;epu%lican structure

    1). ?reedom and dignit! of the individual

    11. Anit! and integrit! of the Nation

    16. The principle of equalit!, not ever! feature of equalit!, %ut the

    quintessence of equal *ustice

    1(. The 2essence2 of other ?undamental ;ights in :art III

    17. The concept of social and economic *ustice R to %uild a Kelfare

    &tateL :art I< in toto

    18. The %alance %etween ?undamental ;ights and Directive :rinciples

    1. The :arliamentar! s!stem of government

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    1J. The principle of free and fair elections

    10. 9imitations upon the amending power conferred %! rticle (0

    1'. Independence of the Eudiciar!

    6). -"ective access to *ustice

    61. :owers of the &upreme /ourt under rticles (6, 1(, 171, 176

    66. 9egislation seeking to nullif! the awards made in e=ercise of the

    *udicial power of the &tate %! r%itration Tri%unals constituted under an

    ct3J4

    ackground

    The &upreme /ourt>s initial position on constitutional amendments was that no

    part of the /onstitution was unamenda%le and that the :arliament might, %!

    passing a /onstitution mendment ct in compliance with the requirements of

    article (0, amend an! provision of the /onstitution, including the ?undamental

    ;ights and article (0. In Shankari Prasad Singh #eo v. "nion of IndiaGI;. 1'81

    &/ 780H, the &upreme /ourt unanimousl! held, 2The terms of article (0 are

    perfectl! general and empower :arliament to amend the /onstitution without

    an! e=ception whatever. In the conte=t of article 1(, OlawP must %e taken to

    mean rules or regulations made in e=ercise of ordinar! legislative power and not

    amendments to the /onstitution made in e=ercise of constituent power, with the

    result that article 1( G6H does not a"ect amendments made under article (0.

    In Sajjan Singh v. State of RajasthanGcase citationL 1'8 I; 078, 1'8 &/; G1H

    '((H, %! a ma*orit! of (@6, the &upreme /ourt held, 2Khen article (0 confers on

    :arliament the right to amend the /onstitution, the power in question can %e

    e=ercised over all the provisions of the /onstitution. It would %e unreasona%le to

    hold that the word 29aw2 in article 1( G6H takes in /onstitution mendment cts

    passed under article (0.23J4In %oth cases, the power to amend the rights had

    %een upheld on the %asis of rticle (0.

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    Defning the basic structure

    The ma*orit! had di"ering opinions on what the 2%asic structure2 of the

    /onstitution comprised.

    /hief Eustice &arv Mittra &ikri, writing for the ma*orit!, indicated that the %asic

    structure consists of the followingL

    The supremac! of the constitution.

    repu%licanand democraticform of government.

    The secularcharacter of the /onstitution.

    Maintenance of the separation of powers.

    The federalcharacter of the /onstitution.

    Eustices &helat and #rover in their opinion added three features to the /hief

    Eustice>s listL

    The mandate to %uild a welfare statecontained in the Directive :rinciples

    of &tate :olic!.

    Maintenance of the unit! and integrit! of India.

    The sovereignt! of the countr!.

    Eustices egde and Mukher*ea, in their opinion, provided a separate and shorter

    listL

    The sovereignt! of India.

    The democratic character of the polit!.

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    The unit! of the countr!.

    -ssential features of individual freedoms.

    The mandate to %uild a welfare state.

    Eustice Eaganmohan ;edd! preferred to look at the pream%le, stating that the

    %asic features of the constitution were laid out %! that part of the document,

    and thus could %e represented %!L

    sovereign democratic repu%lic.

    The provision of social, economic and political *ustice.

    9i%ert! of thought, e=pression, %elief, faith and worship.

    -qualit! of status and opportunit!.31)4

    The -mergenc! G1'J8H

    The /ourt rea$rmed and applied the %asic structure doctrine in Indira Nehru

    Gandhi v. Raj Narain, popularl! known as -lection case. The constitutionalit! of

    rticle (6', which had %een inserted %! the ('th mendment in 1'J8 was

    challenged in this case.3J4&hortl! after the imposition of the -mergenc!, a %ench

    of thirteen *udges was hastil! assem%led to hear the case. :resided over %!

    /hief Eustice *it Nath ;a!, the court had to determine the degree to which

    amendments were restricted %! the %asic structure theor!. ;a!, who was among

    the dissenters in the Fesavananda harati case, had %een promoted to /hief

    Eustice of Indiaon 6 pril 1'J(, superseding three senior Eudges, &helat, #roverand egde Gall in the ma*orit! in the same caseH, which was unprecedented in

    Indian legal histor!. +n Novem%er 1) and 11, the team of civil li%ertarian

    %arristers, led %! Nana%ho! :alkhivala, argued against the Anion government>s

    application for reconsideration of the Fesavananda decision. &ome of the *udges

    accepted his argument on the ver! 5rst da!, the others on the ne=t %! the end

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    of the second da!, the /hief Eustice was reduced to a minorit! of one. +n the

    morning of 16 Novem%er, /hief Eustice ;a! tersel! pronounced that the %ench

    was dissolved, and the *udges rose.

    The ('th mendment attempted, among other provisions, to legitimize the

    election of Indira #andhi in 1'J1. rticle (6' put the elections of the :rime

    Minister and 9ok &a%ha &peaker outside the purview of the *udiciar! and

    provided for determination of disputes concerning their elections %! an authorit!

    to %e set up %! a :arliamentar! law. The &upreme /ourt struck down clauses G7H

    and G8H of the article (6', which made the e=isting election law inapplica%le to

    the :rime Minister>s and &peaker>s election, and declared the pending

    proceedings in respect of such elections null and void.3J4

    Development3edit4

    /onstitutional law!er . #. Nooraninotes3114that the doctrine has 2now spread

    far and wide %e!ond its frontiers.2, %ut that the eventual attri%ution to Dietrich

    /onradis a%sent, who propounded the arguments in a lecture to the law facult!

    in theanaras indu Aniversit!. The argument, Noorani narrates made wa! to M

    F Nam%!arwho read the e=cerpt out inGolaknath.

    Implied Limitations o the Amending Poer

    2:erhaps the position of the &upreme /ourt is inuenced %! the fact that it has not so

    far %een confronted with an! e=treme t!pe of constitutional amendments. It is the dut!

    of the *urist, though, to anticipate e=treme cases of conict, and sometimes onl!

    e=treme tests reveal the true nature of a legal concept. &o, if for the purpose of legal

    discussion, I ma! propose some 5ctive amendment laws to !ou, could it still %e

    considered a valid e=ercise of the amendment power conferred %! rticle (0 if a two@

    thirds ma*orit! changed rticle 1 %! dividing India into two &tates of Tamilnad and

    industan properQ

    2/ould a constitutional amendment a%olish rticle 61, to the e"ect that forthwith a

    person could %e deprived of his life or personal li%ert! without authorisation %! lawQ

    /ould the ruling part!, if it sees its ma*orit! shrinking, amend rticle (0 to the e"ect

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    that the amending power rests with the :resident acting on the advice of the :rime

    MinisterQ /ould the amending power %e used to a%olish the /onstitution and

    reintroduce, let us sa!, the rule of a moghul emperor or of the /rown of -nglandQ I do

    not want, %! posing such questions, to provoke eas! answers. ut I should like to

    acquaint !ou with the discussion which took place on such questions amongconstitutional law!ers in #erman! in the Keimar period @ discussion, seeming academic

    at 5rst, %ut suddenl! illustrated %! histor! in a drastic and terri%le manner.2

    The %asic structure doctrine was further clari5ed in Minerva Mills v. "nion

    of India. The 76nd mendmenthad %een enacted %! the government of Indira

    #andhi in response to the Fesavananda harati *udgment in an e"ort to reduce

    the power of the *udicial review of constitutional amendments %! the &upreme

    /ourt. In the Minerva Mills case, Nana%ho! :alkhivalasuccessfull! moved the

    &upreme /ourt to declare sections 7 and 88 of the 76nd mendment as

    unconstitutional. 3164Theconstitutionalit!of sections 7 and 88 of the 76nd

    mendment were challenged in this case, when /haran &inghwascaretaker

    :rime Minister. &ection 7 of the 76nd mendment, had amended rticle (1/ of

    the /onstitution to accord precedence to the Directive :rinciples of &tate :olic!

    articulated in :art I

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    In the *udgement on section 88, /hief EusticeSeshwant

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    S'eaker2 %ok Sabha and othersGET 6))J G6H &/ 1H Gknown as /ash for uer!

    caseH.3J4

    The &upreme /ourt>s position on constitutional amendments laid out in its

    *udgements is that :arliament can amend the /onstitution %ut cannot destro! its

    2%asic structure2.31(4314

    Inuence

    The inuence e=tends to /ommonwealth /ountries sharing the*udicial

    s!stemwith India. The %asic structure doctrine was adopted %! the &upreme

    /ourt of angladeshin 1'0', %! e=pressl! rel!ing on the reasoning in the

    Fesavananda case, in its ruling on(n3ar )ossain $ho3dhary v. !angladeshG71

    D9; 1'0' pp. Div. 18, 1'0' 9D G&pl.H 1H.

    The igh /ourt of &ingaporedenied the application of the %asic features

    doctrine in &ingapore in 0eo Soh %ung v. Minister for )ome (4airs. Eustice

    ?rederick rthur /hua held that the doctrine was not applica%le to the &ingapore

    /onstitutionL 2/onsidering the di"erences in the making of the Indian and our

    /onstitution, it cannot %e said that our :arliament>s power to amend our

    /onstitution is limited in the same wa! as the Indian :arliament>s power to

    amend the Indian /onstitution.2

    In Mala!sia, the %asic features doctrine was also found to %e inapplica%le %!

    the ?ederal /ourtin Phang $hin )ock v. Public Prosecutor.31'4The /ourt remarked

    that the Indian /onstitution was not drafted %! 2mere mortals2, while the same

    could not %e said for the Mala!sian /onstitution. 36)4The Indian /onstitution was

    drafted %! a constituent assem%l!representative of the Indian people in

    territorial, racial and communit! terms,3614while %oth the Mala!sian and

    &ingapore /onstitutions were enacted %! ordinar! legislatures. ;eliance on the

    drawing of distinctions %etween the Indian /onstitution on the one hand and the

    Mala!sian and &ingapore /onstitutions on the other on the %asis of the histor! of

    their framing has %een criticized as weak and inadequate.

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    :arliament of India

    The Parliament o Indiais the supreme legislative %od!of the ;epu%lic of

    India. :arliament is composed of the :resident of India, the houses. It

    is%icameralwith two housesL ;a*!a &a%haG/ouncil of &tatesH and the 9ok

    &a%haGouse of the :eopleH. The :resident in his role as head of legislature has

    full powers to summon and prorogue either house of :arliament or to dissolve

    9ok &a%ha. The president can e=ercise these powers onl! upon the advice of

    the :rime Ministerand his /ouncil of Ministers.

    Those elected or nominated G%! the :residentH to either house of :arliament are

    referred to as mem%ers of parliamentGM:H. The mem%ers of 9ok &a%ha

    are directl! elected%! the Indian pu%lic voting in single mem%er districtsand

    the mem%ers of ;a*!a &a%ha are elected %! the mem%ers of the &tate

    9egislative ssem%lies%! proportional representation. The :arliament has a

    sanctioned strength of 87( in 9ok &a%ha e=cluding the 6 nominees from the

    nglo@Indians if so the president of India felt desira%le and 678 in ;a*!a &a%ha

    including the 16 nominees from the e=pertise of di"erent 5elds of science,

    culture, art and histor!. The :arliament meets at &ansad havaninNew Delhi.

    /omposition

    The Indian :arliament consists of two houses called the 9ok &a%haand the;a*!a

    &a%hawith the :resident of Indiaacting as their head.

    President o India

    The :resident of India, the ead of &tateis a component of :arliament.

    Ander rticle )and rticle 111, :resident>s responsi%ilit! is to scrutinize that

    %illslaws passed %! the parliament are in accordance with constitutional

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    mandate and stipulated procedure is followed %efore according hisher approval

    to the %ills. The :resident of India is elected %! the mem%ers of the :arliament

    of India and the state legislatures and serves for a term of 5ve !ears. 3'4

    Lo! "abha

    9ok &a%ha G)ouse of the Peo'leH or the lower househas mem%ers from 878

    representing parliamentar! constituencies across the countr!. 87( mem%ers are

    directl! elected %! citizens of India on the %asis of universal adult franchiseand

    two are appointed %! the :resident of India. -ver! citizen ofIndiawho is over 10

    !ears of age, irrespective of gender, caste, religion or race, who is otherwise not

    disquali5ed, is eligi%le to vote for the lok sa%ha.The /onstitution provides that

    the ma=imum strength of the ouse %e 886 mem%ers. It has a term of 5ve

    !ears. To %e eligi%le for mem%ership in the 9ok &a%ha, a person must %e a

    citizen of India and must %e 68 !ears of age or older, mentall! sound, should not

    %e %ankrupt and should not %e criminall! convicted. The total elective

    mem%ership is distri%uted among the &tates in such a wa! that the ratio

    %etween the num%er of seats allotted to each &tate and the population of the

    &tate is, so far as practica%le, the same for all &tates. 31)4

    #a$%a "abha

    The ;a*!a &a%haG$ouncil of StatesH or the upper houseis a permanent %od! not

    su%*ect to dissolution. +ne third of the mem%ers retire ever! second !ear, %eing

    replaced %! newl! elected mem%ers. -ach mem%er is elected for a term of si=

    !ears.3114Its mem%ers are indirectl! elected %! mem%ers of legislative %odies of

    the states. The ;a*!a &a%ha can have a ma=imum of 68) mem%ers. It currentl!

    has a sanctioned strength of 678 with 6(( mem%ers are to %e elected from&tates and Anion TerritoriesG&ATH and 16 are nominated %! the :resident of

    India. The num%er of mem%ers from a state depends on the population of the

    state. The minimum age for a person to %ecome a mem%er of ;a*!a &a%ha is ()

    !ears.

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    :arliament ouse

    The Sansad !havanG:arliament ouseH is located in New Delhi. It was designed

    %! -dwin 9ut!ensand er%ert aker, who were responsi%le for planning and

    construction of New Delhi. The construction of %uildings took si= !ears and the

    opening ceremon! was performed on 10 Eanuar! 1'6J %! the then #overnor@

    #eneral of India, Irwin. The construction costs for the %uilding were U0.(

    million GA&V16),)))H. The parliament is 8J) feet G1J) mH in diameter and covers

    an area of acres G6.7 haH. The /entral hall consists of the cham%ers of 9ok

    sa%ha, ;a*!a &a%ha and the 9i%rar! hall. &urrounding these three cham%ers is

    the four storied circular structure providing accommodations for mem%ers and

    houses :arliamentar! committees, o$ces and the ministr! of :arliamentar!

    a"airs.3164

    &ession of parliament

    The period during which the ouse meets to conduct its %usiness is called a

    session. The /onstitution empowers the president to summon each ouse at

    such intervals that there should not %e more than a si=@month gap %etween the

    two sessions. ence the :arliament must meet at least twice a !ear. In India, the

    parliament conducts three sessions each !earL31(4

    udget sessionL ?e%ruar! to Ma!

    Monsoon sessionL Eul! to &eptem%er

    Kinter sessionL Novem%er to Decem%er

    9awmaking procedures

    9egislative proposals are %rought %efore either house of the :arliament in the

    form of a %ill. %ill is the draft of a legislative proposal, which, when passed %!

    %oth houses of :arliament and assented to %! the :resident, %ecomes an ct of

    :arliament. Mone! %illsmust originate in the 9ok &a%ha. The council of states

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    can onl! make recommendations over the %ills to the ouse, within a period of

    fourteen da!s.3174

    :arliamentar! committees

    :arliamentar! committees are formed to deli%erate speci5c matters at length.

    The pu%lic is directl! or indirectl! associated and studies are conducted to help

    committees arrive at the conclusions. :arliamentar! committees are of two

    kindsL ad hoccommittees and the standing committees.318431431J4

    &tanding committeesare permanent committees constituted from time to time

    in pursuance of the provisions of an act of :arliament or rules of procedure and

    conduct of %usiness in :arliament. The work of these committees is of a

    continuing nature. dhoc committees are appointed for a speci5c purpose and

    the! cease to e=ist when the! 5nish the task assigned to them and su%mit a

    report.

    Incidents

    +n 1( Decem%er 6))1, Indian :arliament was attacked %! a terrorist

    organization. The perpetrators were 9ashkar@e@Tai%aG9etH andEaish@e@MohammedGEeMH terrorists. The attack led to the deaths of 5ve terrorists, si=

    Delhi :olice personnel, two :arliament &ecurit! &ervice personnel and a

    gardener, which totalled 17 fatalities. It also led to increased tensions %etween

    India and :akistan, resulting in the 6))1@6))6 India@:akistan stando".3104

    Directive :rinciples in India

    The Directive Principles o "tate Polic%are the guidelines or principles given

    to the central and state governments of India, to %e kept in mind while framing

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    laws and policies. These provisions, contained in :art I< of the /onstitution of

    India, are not enforcea%le %! an! court, %ut the principles laid down therein are

    considered fundamental in the governance of the countr!, making it the dut! of

    the &tate314to appl! these principles in making laws to esta%lish a *ust societ! in

    the countr!. The principles have %een inspired %! the Directive :rinciples given

    in the /onstitution of Irelandrelate to social *ustice, economic welfare, foreign

    polic!, and legal and administrative matters.

    Directive :rinciples are classi5ed under the following categoriesL economic and

    socialistic, political and administrative, *ustice and legal, environmental,

    protection of monuments and peace and securit!. 364

    The concept of Directive :rinciples of &tate :olic! was %orrowed from the Irish

    /onstitution. The makers of the /onstitution of Indiawere inuenced %! the Irish

    nationalist movement. ence, the Directive :rinciples of the Indian constitution

    have %een greatl! inuenced %! the Directive :rinciples of &tate :olic!.3(4The

    idea of such policies 2can %e traced to theDeclaration of the ;ights of

    Manproclaimed %! ;evolutionar! ?ranceand the Declaration of Independence

    %! the merican /olonies.2374The Indian constitution was also inuenced %!

    the Anited NationsAniversal Declaration of uman ;ights.

    In 1'1', the ;owlatt ctsgave e=tensive powers to the ritish government and

    police, and allowed inde5nite arrest and detention of individuals, warrant@less

    searches and seizures, restrictions on pu%lic gatherings, and intensive

    censorship of media and pu%lications. The pu%lic opposition to this act

    eventuall! led to mass campaigns of non@violent civil diso%ediencethroughout

    the countr!, demanding guaranteed civil freedoms, and limitations on

    government power. Indians, who were seeking independence and their own

    government, were particularl! inuenced %! the independence of Ireland and

    the development of the Irish constitution. lso, the directive principles of state

    polic! in the Irish /onstitution were looked upon %! the people of India as an

    inspiration for the independent India>s government to comprehensivel! tackle

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    comple= social and economic challenges across a vast, diverse nation and

    population.

    In 1'60, the Nehru /ommissioncomposing of representatives of Indian political

    parties proposed constitutional reforms for India that apart from calling

    for dominionstatus for India and elections under universal su"rage, would

    guarantee rights deemed fundamental, representation for religious and ethnic

    minorities, and limit the powers of the government. In 1'(1, theIndian National

    /ongressGthe largest Indian political part! of the timeH adopted resolutions

    committing itself to the defense of fundamental civil rights, as well as socio@

    economic rights such as the minimum wageand the a%olition

    of untoucha%ilit!andserfdom.384/ommitting themselves to socialismin 1'(, the

    /ongress leaders took e=amples from the constitution of the erstwhile A&&,

    which inspired the fundamental duties of citizens as a means of collective

    patriotic responsi%ilit! for national interests and challenges.

    Khen India o%tained independence on 18 ugust 1'7J, the task of developing a

    constitution for the nation was undertaken %! the /onstituent ssem%l! of India,

    composing of elected representatives under the presidenc! of Dr. ;a*endra

    :rasad. Khile mem%ers of /ongress composed of a large ma*orit!, /ongress

    leaders appointed persons from diverse political %ackgrounds to responsi%ilities

    of developing the constitution and national laws.34Nota%l!, himrao ;am*i

    m%edkar%ecame the chairperson of the drafting committee, whileEawaharlal

    Nehruand &ardar

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    +cto%er 1'70H and the III B 5nal Draft /onstitution G6 Novem%er 1'7'H,

    prepared %! theDrafting /ommittee.

    Characteristics

    D:&:s aim to create social and economic conditions under which the citizens

    can lead a good life. The! also aim to esta%lish social and economic democrac!

    through a welfare state. The! act as a check on the government, theorized as a

    !ardstick in the hands of the people to measure the performance of the

    government and vote it out of power if it does not ful5ll the promises made

    during the elections. The Directive :rinciples are non@*usticia%le rightsof the

    people. rticle (1@/, inserted %! the 68th mendment ct of 1'J1 seeks to

    upgrade the Directive :rinciples.3J4If laws are made to give e"ect to the Directive

    :rinciples over ?undamental ;ights, the! shall not %e invalid on the grounds that

    the! take awa! the ?undamental ;ights. In case of a conict %etween

    ?undamental ;ights and D:&:>s, if the D:&: aims at promoting larger interest of

    the societ!, the courts shall have to uphold the case in favour of the D:&:. 304The

    Directive :rinciples, though not *usticia%le, are fundamental in the governance

    of the countr!. It shall %e the dut! of the &tate 314to appl! these principles in

    making laws.3'4esides, all e=ecutive agenciesshould also %e guided %! these

    principles. -ven the*udiciar!has to keep them in mind in deciding cases.31)43114

    Directives

    The directive principles ensure that the &tate314shall strive to promote

    the welfare of the people%! promoting a social order in

    which social, economicand political *ustice is informed in all institutions of life.

    lso, the &tate shall work towards reducingeconomic inequalit!as well as

    inequalities in status and opportunities, not onl! among individuals, %ut also

    among groups of people residing in di"erent areas or engaged in di"erent

    vocations.3164The &tate shall aim for securing right to an adequate means of

    livelihood for all citizens, %oth men and women as well as equal pa! for equal

    workfor %oth men and women. The &tate should work to prevent concentration

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    of wealth and means of production in a few hands, and tr! to ensure that

    ownership and control of the material resources is distri%uted to %est serve the

    common good. /hild a%useand e=ploitation of workers should %e prevented.

    /hildren should %e allowed to develop in a health! manner and should %e

    protected against e=ploitation and against moral and material a%andonment.

    31(4The &tate shall provide free legal aidto ensure that equal opportunities for

    securing *ustice is ensured to all, and is not denied %! reason of economic or

    other disa%ilities.3174The &tate shall also work for organisation of

    village pancha!atsand help ena%le them to function as units of self@

    government.3184The &tate shall endeavour to provide the right to work, to

    educationand to pu%lic assistance in cases of unemplo!ment, old age, sickness

    and disa%lement, within the limits of economic capacit!,

    314

    as well as provide for*ust and humane conditions of work and maternit! relief.31J4

    The &tate should also ensure living wage and proper working conditionsfor

    workers, with full en*o!ment of leisure and social and cultural activities. lso, the

    promotion of cottage industriesin rural areas is one of the o%ligations of the

    &tate.3104The &tate shall take steps to promote their participation in management

    of industrial undertakings.31'4

    lso, the &tate shall endeavour to secure a uniform civil codefor all citizens,

    36)4and provide free and compulsor! education to all children till the! attain the

    age of 17 !ears.3614This directive regarding education of children was added %!

    the 0th mendment ct, 6))6.3664 It should and work for the economic and

    educational upliftment of scheduled castes, scheduled tri%esand other weaker

    sectionsof the societ!.36(4

    The directive principles commit the &tate to raise the level of nutrition and the

    standard of living and to improve pu%lic health, particularl! %! prohi%iting

    into=icating drinks and drugs in*urious to health e=cept for medicinal purposes.

    3674It should also organise agriculture and animal hus%andr! on modern and

    scienti5c lines %! improving %reeds and prohi%iting slaughter of cows, calves,

    other milch and draught cattle3684364It should protect and improve the

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    environment and safeguard the forests and wild life of the countr!. 36J4This

    directive, regarding protection of forests and wildlife was added %! the 76nd

    mendment ct, 1'J.

    :rotection of monuments, places and o%*ects of historic and artistic interest and

    national importance against destruction and damage,36'4and separation of

    *udiciar! from e=ecutive in pu%lic services3()4are also the o%ligations of the &tate

    as laid down in the directive principles. ?inall!, the directive principles, in rticle

    81 ensure that the &tate shall strive for the promotion and maintenance of

    international peace and securit!, *ust and honoura%le relations %etween nations,

    respect for international law and treat! o%ligations, as well as settlement of

    international disputes %! ar%itration.3(14

    Implementation

    The &tate has made and is making man! e"orts to implement the Directive

    Principles. The :rogramme of Aniversalisation of -lementar! -ducation and

    the 5ve@!ear planshas %een accorded the highest priorit! in order to provide

    free educationto all children up to the age of 17 !ears. The 0th constitutional

    amendment of 6))6 inserted a new article, rticle 61@, into the /onstitution,

    that seeks to provide free and compulsor! education to all children aged to 17

    !ears.3664Kelfare schemes for the weaker sections are %eing implemented %oth

    %! the /entral and &tate governments. These include programmes such as %o!s>

    and girls> hostelsfor scheduled castes> or scheduled tri%es> students.3(64The !ear

    1'')@1''1 was declared as the 2Sear of &ocial Eustice2 in the memor! of .;.

    m%edkar.3((4The government provides free te=t%ooks to students %elonging to

    scheduled castes or scheduled tri%es pursuing medicine and engineering

    courses. During 6))6@6))(, a sum of ;s.7J.J million was released for thispurpose.3(74In order that scheduled castes and scheduled tri%es are protected

    from atrocities, the #overnment enacted theThe :revention of trocities ct,

    which provided severe punishments for such atrocities.

    https://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-art48A-27https://en.wikipedia.org/wiki/Constitution_of_India#Amendmenthttps://en.wikipedia.org/wiki/Constitution_of_India#Amendmenthttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-29https://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-art50-30https://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-31https://en.wikipedia.org/wiki/Five-Year_Plans_of_Indiahttps://en.wikipedia.org/wiki/Education_in_Indiahttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-86amact-22https://en.wikipedia.org/wiki/Hostelhttps://en.wikipedia.org/wiki/Scheduled_Castes_and_Tribeshttps://en.wikipedia.org/wiki/Scheduled_tribeshttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-pgA44-32https://en.wikipedia.org/wiki/B.R._Ambedkarhttps://en.wikipedia.org/wiki/B.R._Ambedkarhttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-33https://en.wikipedia.org/wiki/Rupeehttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-pgA45-34https://en.wikipedia.org/wiki/Scheduled_Caste_and_Scheduled_Tribe_(Prevention_of_Atrocities)_Act,_1989https://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-art48A-27https://en.wikipedia.org/wiki/Constitution_of_India#Amendmenthttps://en.wikipedia.org/wiki/Constitution_of_India#Amendmenthttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-29https://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-art50-30https://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-31https://en.wikipedia.org/wiki/Five-Year_Plans_of_Indiahttps://en.wikipedia.org/wiki/Education_in_Indiahttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-86amact-22https://en.wikipedia.org/wiki/Hostelhttps://en.wikipedia.org/wiki/Scheduled_Castes_and_Tribeshttps://en.wikipedia.org/wiki/Scheduled_tribeshttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-pgA44-32https://en.wikipedia.org/wiki/B.R._Ambedkarhttps://en.wikipedia.org/wiki/B.R._Ambedkarhttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-33https://en.wikipedia.org/wiki/Rupeehttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-pgA45-34https://en.wikipedia.org/wiki/Scheduled_Caste_and_Scheduled_Tribe_(Prevention_of_Atrocities)_Act,_1989
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    ()

    &everal 9and ;eform cts were enacted to provide ownership rights to poor

    farmers.3(4Ap to &eptem%er 6))1, more than 6),))),))) acres G0),))) kmWH of

    land had %een distri%uted to scheduled castes, scheduled tri%es and the

    landless poor. The thrust of %anking polic! in India has %een to improve %anking

    facilities in the rural areas.3(J4The Minimum &ages (ctof 1'70 empowers

    government to 5= minimum wages for emplo!ees engaged in various

    emplo!ments.3(04The /onsumer :rotection ct of 1'0provides for the %etter

    protection of consumers. The act is intended to provide simple, speed! and

    ine=pensive redressal to the consumers> grievances, award relief and

    compensation wherever appropriate to the consumer.3citation needed4The 5ual

    Remuneration (ctof 1'J, provides for equal pa! for equal work for %oth men

    and women.

    3('4

    The Sam'oorna Grameen Rozgar 6ojanawas launched in 6))1 toattain the o%*ective of gainful emplo!ment for the rural poor. The programme

    was implemented through the :ancha!ati ;a* institutions.

    :ancha!ati ;a*now covers almost all states and Anion territories.3714+ne@third of

    the total num%er of seats have %een reserved for women in :ancha!ats at ever!

    level in the case of ihar, half the seats have %een reserved for women.3764

    37(49egal aid at the e=pense of the &tate has %een made compulsor! in all cases

    pertaining to criminal law, if the accused is too poor to engage a law!er.3174Eudiciar!has %een separated from the e=ecutive in all the states and Anion

    territories e=ceptEammu and Fashmirand Nagaland.

    India>s ?oreign :olic! has also to some degree %een inuenced %! the D:&:s.

    India has in the past condemned all acts ofaggressionand has also supported

    the Anited Nations> peace@keeping activities. ! 6))7, the Indian rm!had

    participated in (J AN peace@keeping operations. India pla!ed a ke! role in the

    passing of a AN resolution in 6))(, which envisaged %etter cooperation %etweenthe &ecurit! /ounciland the troop@contri%uting countries.3774India has also %een

    in favour of nuclear disarmament.3(74

    https://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-36https://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-37https://en.wikipedia.org/wiki/Minimum_wagehttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-38https://en.wikipedia.org/wiki/Consumer_Protection_Act_of_1986https://en.wikipedia.org/wiki/Wikipedia:Citation_neededhttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-39https://en.wikipedia.org/wiki/Panchayathttps://en.wikipedia.org/wiki/Panchayathttps://en.wikipedia.org/wiki/States_and_territories_of_Indiahttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-41https://en.wikipedia.org/wiki/Biharhttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-42https://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-43https://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-art39A-14https://en.wikipedia.org/wiki/Judiciaryhttps://en.wikipedia.org/wiki/Jammu_and_Kashmirhttps://en.wikipedia.org/wiki/Nagalandhttps://en.wikipedia.org/wiki/Aggressionhttps://en.wikipedia.org/wiki/United_Nationshttps://en.wikipedia.org/wiki/Indian_Armyhttps://en.wikipedia.org/wiki/Security_Councilhttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-44https://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-pgA45-34https://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-36https://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-37https://en.wikipedia.org/wiki/Minimum_wagehttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-38https://en.wikipedia.org/wiki/Consumer_Protection_Act_of_1986https://en.wikipedia.org/wiki/Wikipedia:Citation_neededhttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-39https://en.wikipedia.org/wiki/Panchayathttps://en.wikipedia.org/wiki/Panchayathttps://en.wikipedia.org/wiki/States_and_territories_of_Indiahttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-41https://en.wikipedia.org/wiki/Biharhttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-42https://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-43https://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-art39A-14https://en.wikipedia.org/wiki/Judiciaryhttps://en.wikipedia.org/wiki/Jammu_and_Kashmirhttps://en.wikipedia.org/wiki/Nagalandhttps://en.wikipedia.org/wiki/Aggressionhttps://en.wikipedia.org/wiki/United_Nationshttps://en.wikipedia.org/wiki/Indian_Armyhttps://en.wikipedia.org/wiki/Security_Councilhttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-44https://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-pgA45-34
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    (1

    mendments

    /hanges in Directive :rinciples require a /onstitutional amendmentwhich has to

    %e passed %! a special ma*orit! of %oth houses of the :arliament. This means

    that an amendment requires the approval of two@thirds of the mem%ers present

    and voting. owever, the num%er of mem%ers voting should not %e less than

    the simple ma*orit!of the house C whether the 9ok &a%haor ;a*!a &a%ha.

    Article &'-C, inserted into the Directive :rinciples of &tate :olic! %! the

    68th mendment ct of 1'J1 seeks to upgrade the D:&:s. 3784If laws are

    made to give e"ect to the Directive :rinciples over ?undamental ;ights, the!

    shall not %e invalid on the grounds that the! take awa! the ?undamental

    ;ights.304

    Article (), which ensures Provision for free and com'ulsory education for

    children,3614was added %! the 0th mendment ct, 6))6.

    Article (*-A, which ensures Protection and im'rovement of environment

    and safeguarding of forests and 3ild life,36J4was added %! the 76nd

    mendment ct, 1'J.

    &tructure B ?unctions of state #overnment

    The +nion ,overnment, commonl! known as the Central ,overnmentor

    the,overnment o IndiaG#oIH, was esta%lished %! the /onstitution of India,

    and is the governing authorit! of the union of 6' statesand seven union

    territories, collectivel! called the ;epu%lic of India. It is located in New Delhi, the

    capital of India.

    The %asic civiland criminal lawsgoverning the citizens of India are set down in

    ma*or parliamentar! legislation, such as the /ivil :rocedure /ode, the Indian

    :enal /ode, and the /riminal :rocedure /ode. The union and individual state

    https://en.wikipedia.org/wiki/Constitution_of_India#Amendmenthttps://en.wikipedia.org/wiki/Parliament_of_Indiahttps://en.wikipedia.org/wiki/Majorityhttps://en.wikipedia.org/wiki/Lok_Sabhahttps://en.wikipedia.org/wiki/Rajya_Sabhahttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-25amact-45https://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-art31C-8https://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-art45-21https://en.wikipedia.org/wiki/Constitution_of_India#Amendmenthttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-art48A-27https://en.wikipedia.org/wiki/Constitution_of_India#Amendmenthttps://en.wikipedia.org/wiki/Constitution_of_India#Amendmenthttps://en.wikipedia.org/wiki/Constitution_of_Indiahttps://en.wikipedia.org/wiki/States_and_union_territories_of_Indiahttps://en.wikipedia.org/wiki/Union_territoryhttps://en.wikipedia.org/wiki/Union_territoryhttps://en.wikipedia.org/wiki/Republic_of_Indiahttps://en.wikipedia.org/wiki/New_Delhihttps://en.wikipedia.org/wiki/Civil_law_(common_law)https://en.wikipedia.org/wiki/Criminal_lawhttps://en.wikipedia.org/wiki/Indian_penal_codehttps://en.wikipedia.org/wiki/Indian_penal_codehttps://en.wikipedia.org/wiki/Constitution_of_India#Amendmenthttps://en.wikipedia.org/wiki/Parliament_of_Indiahttps://en.wikipedia.org/wiki/Majorityhttps://en.wikipedia.org/wiki/Lok_Sabhahttps://en.wikipedia.org/wiki/Rajya_Sabhahttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-25amact-45https://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-art31C-8https://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-art45-21https://en.wikipedia.org/wiki/Constitution_of_India#Amendmenthttps://en.wikipedia.org/wiki/Directive_Principles_in_India#cite_note-art48A-27https://en.wikipedia.org/wiki/Constitution_of_India#Amendmenthttps://en.wikipedia.org/wiki/Constitution_of_India#Amendmenthttps://en.wikipedia.org/wiki/Constitution_of_Indiahttps://en.wikipedia.org/wiki/States_and_union_territories_of_Indiahttps://en.wikipedia.org/wiki/Union_territoryhttps://en.wikipedia.org/wiki/Union_territoryhttps://en.wikipedia.org/wiki/Republic_of_Indiahttps://en.wikipedia.org/wiki/New_Delhihttps://en.wikipedia.org/wiki/Civil_law_(common_law)https://en.wikipedia.org/wiki/Criminal_lawhttps://en.wikipedia.org/wiki/Indian_penal_codehttps://en.wikipedia.org/wiki/Indian_penal_code
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