Polity – GK Questions

Article 44 states: 'The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.' It aims to replace personal laws based on religion with a common set of laws governing marriage, divorce, inheritance, etc. It remains unimplemented due to political and social sensitivities.

Article 51 (a liberal-intellectual principle) directs the State to: (a) promote international peace and security, (b) maintain just and honourable relations between nations, (c) foster respect for international law and treaty obligations, (d) encourage settlement of international disputes by arbitration.

Article 39(d) is a socialist principle directing the State to secure 'equal pay for equal work for both men and women'. This has been reinforced by judicial decisions (Randhir Singh case, 1982) and statutory provisions like the Equal Remuneration Act, 1976.

Gandhian principles in DPSP include: village panchayats (Article 40), cottage industries (Article 43), prohibition of intoxicants (Article 47), and protection of cows (Article 48). Uniform Civil Code (Article 44) is a liberal-intellectual principle, not specifically Gandhian.

DPSP were inspired by the Irish Constitution (1937), which itself borrowed from the Spanish Constitution. The Irish concept of 'Directive Principles of Social Policy' aimed to guide the State in achieving socio-economic goals. India adapted this to its own developmental needs.

Article 37 explicitly states that DPSP are not enforceable by any court. However, they are 'fundamental in the governance of the country' and it is the duty of the State to apply them in making laws. Courts can use them for interpreting statutes and constitutional provisions.

Part IV (Articles 36-51) contains Directive Principles of State Policy (DPSP). They are non-justiciable (not enforceable by courts) but fundamental in governance. The State is duty-bound to apply them while making laws, aiming to establish social and economic democracy.

Article 34 empowers Parliament to indemnify any person (government servant or other) for acts done in connection with martial law to restore order in any area. It also validates sentences passed or acts done during martial law. This is a rare provision invoked only in extreme situations of rebellion or war.

Article 33 allows Parliament to determine by law the extent to which Fundamental Rights may be restricted or abrogated for members of armed forces, paramilitary forces, police forces, and intelligence agencies to ensure proper discharge of duties and maintenance of discipline. This is a unique limitation on FRs.

Article 359 allows suspension of enforcement of Fundamental Rights (except Articles 20 & 21) during National Emergency via Presidential order. The 44th Amendment (1978) made Articles 20 (protection in conviction) and 21 (life & personal liberty) non-suspendable even during Emergency. So, not 'all' rights can be suspended.

Certiorari ('to be certified') is issued by a higher court to a lower court/tribunal to quash its order when it exceeds jurisdiction or violates principles of natural justice. Prohibition is preventive (issued before order), while Certiorari is curative (issued after order). Both available under Articles 32 & 226.

Article 32 gives citizens the right to move the Supreme Court for enforcement of Fundamental Rights. Dr. Ambedkar called it the 'heart and soul' because without remedies, rights are meaningless. The Supreme Court can issue five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

Article 30(1) grants religious and linguistic minorities the right to establish and administer educational institutions of their choice. Article 30(2) prohibits the State from discriminating against such institutions in granting aid. However, these institutions must maintain educational standards and can be regulated for academic excellence (T.M.A. Pai Foundation case, 2002).

Article 29(1) protects the right of any section of citizens (not just minorities) residing in India having a distinct language, script, or culture to conserve the same. Article 29(2) prohibits denial of admission to State-funded educational institutions on grounds of religion, race, caste, language, or any of them.

Article 28 has three clauses: (1) No religious instruction in State-funded educational institutions, (2) Institutions established under endowment/trust may impart religious instruction, (3) No person attending State-recognized or State-aided institutions shall be required to attend religious instruction without consent (if minor, guardian's consent).

Article 27 states: 'No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.' However, fees for religious services or voluntary contributions are not prohibited.

Article 26 grants religious denominations (or sections thereof) four rights: (a) establish and maintain institutions for religious/charitable purposes, (b) manage their own affairs in matters of religion, (c) own and acquire movable/immovable property, (d) administer such property according to law. Subject to public order, morality, and health.

Article 25(1) guarantees religious freedom to all persons (citizens and foreigners) subject to public order, morality, and health. Article 25(2) allows the State to regulate secular activities associated with religious practice and provide for social welfare and reform (e.g., opening Hindu temples to all classes).

Article 24 prohibits employment of children below 14 years in factories, mines, or any other hazardous employment. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (amended 2016) strengthens this provision. It is an absolute prohibition with no exceptions for hazardous work.

Article 23 prohibits traffic in human beings, begar (forced labour without payment), and other similar forms of forced labour. Any contravention is punishable by law. However, the State can impose compulsory service for public purposes (e.g., military service, disaster relief) without discrimination.