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70 Years of Indian Years of Indian

Constitution
Constitution

Directive Principles have to be
the basic structure. Without entering into details, it was
Justice J R Mudholkar in Sajjan Singh’s case who used interpreted with positive aspect,

the ‘word basic features’ of the Constitution (para 66 to supplement the fundamental rights
of the judgement). Justice Mudholkar said that he got in achieving the welfare state.
the idea of basic features from the judgement of 1963 (Chandra Bhavan’s case and Lingappa
of Chief Justice A R Cornallis of Pakistan Supreme vs. State of Maharastra)
Court. It is these words which Justice H R Khanna
report of the Sardar Swarna Singh Committee, Article
used in Keshavananada Bharti and tilted the balance
51A was introduced. Article 51A (k) was introduced by
to safeguard the basic structure of the Constitution.
86th amendment in the year 2002 regarding primary
Therefore, the Fundamental Rights have travelled from
education to the children between the age of 6 to 14.
one stage to another by virtue of judicial interpretations.
A small question arises, whether these fundamental
Directive Principles of State Policy: Part IV of the
duties were not in existence prior to the amendment.
Constitution (Article 36 to 51) covers the Directive
The answer is they were already in existence the day on
Principles of State policy. The Supreme Court in its
which the Constitution of India was adopted.
earlier judgement has held that Directive Principles are
The right to freedom includes reasonable restrictions.
not enforceable in nature such as in Kerala Education
To uphold and protect the sovereignty and unity of
Bill’s case, Champakam Dorerajan’s case. In the later
India is a basic duty of every citizen. However, having
years, Directive Principles have to be interpreted with
regard to the need of the hour it was felt necessity to
positive aspect, to supplement the fundamental rights in
introduce fundamental duties which includes to abide by
achieving the welfare state. (Chandra Bhavan’s case and
the Constitution or to adopt Constitutionalism which is
Lingappa vs. State of Maharastra). Directive Principles
the “Dharma” of every citizen to cherish the noble ideals
were further made applicable to be read harmoniously
of national struggle for freedom to safeguard the public
with Fundamental rights in Gruha Kalyana case.
property and to protect natural environment are some of
It is submitted in Olga Tellis case, right to life has been
the features of fundamental duties. In this regard, let us
expanded to right to livelihood. Right to education was
consider the fundamental duties of the other countries.
also made a fundamental right. The Directive principles,
Fundamental Duties in other Countries: European
though they were not enforceable in the initial years after
convention while dealing with fundamental right states –
independence, now they have travelled enough to reach
carries with it duties and responsibilities and freedom are
the state of justiciability and also enforceability.
subject to such a restrictions as prescribed. In the case
The Fundamental Duties: Part IV(A) of the Constitution
of Otto – Preminger Institute case wherein caricature
was amended on January3, 1977. Based upon

32 70 Years of Indian Constitution