Introduction to Legal System-

Constitution
Preamble
Fundamental Rights
Directive Principles of State Policy-Part IV
&
Fundamental Duties-Part IV A
Dr.Anuja.S
Assistant Professor
NLSIU, Bengaluru
 while introducing the Constitution
(First Amendment) Bill
• “The Constitution lays down certain Directive
Principles of State Policy and after long
discussions we agreed to them and they point out
the way we have got to travel. The Constitution
also lays down certain fundamental rights. Both
are important. The Directive Principles of State
Policy represent a dynamic move towards a
certain objective. The fundamental rights
represent some static, to preserve certain rights
which exist. Both again are rights”
…………………Nehru
 Relating with the Constitutional
values
• A.14,16,19,21,23,24- Part –III
• A.41,42,43,43-A - Part IV
• Part III &Part IV-
• core commitment to social revolution and the
conscience of the Constitution
• ………Granville Austin

• Directive Principles “are really instruments to the

executive and the legislature as to how they should
exercise their power”
………….Dr.B. R. Ambedkar
• Social Economic Charter
• Distributive Justice - Art 38-39
• Social Security Charter
• Economic Charter
• Gandhian principles
• Liberal Principles
• Intellectual Principles
 Art.38-Social justice

• State to secure a social order for the promotion of welfare

of the people
• (1) The State shall strive to promote the welfare of the
people by securing and protecting as effectively as it may a
social order in which justice, social, economic and political,
shall inform all the institutions of the national life
• (2) (44th Amd.Act,1978)-The State shall, in particular, strive
to minimize the inequalities in income, and endeavor to
eliminate inequalities in status, facilities and opportunities,
not only amongst individuals but also amongst groups of
people residing in different areas or engaged in different
vocations
 Art.39 (to be read with Art.14&16)
• Certain principles of policy to be followed by the State: The State shall, in
particular, direct its policy towards securing
• (a) that the citizens, men and women equally, have the right to an adequate
means to livelihood;
• (b) that the ownership and control of the material resources of the
community are so distributed as best to subserve the common good;
(Abolition of Zamindari System, Land ceiling Acts)
• (c) that the operation of the economic system does not result in the
concentration of wealth and means of production to the common
detriment;(State of Tamilnadu v. Abu Kavar Bai)
• (d) that there is equal pay for equal work for both men and women;
(Randhir Singh v. Union of India)- Equal Remuneration Act,1976
• (e) that the health and strength of workers, men and women, and the
tender age of children are not abused and that citizens are not forced by
economic necessity to enter avocations unsuited to their age or strength;
• (f) that children are given opportunities and facilities to develop in a healthy
manner and in conditions of freedom and dignity and that childhood and
youth are protected against exploitation and against moral and material
abandonment (M.C.Mehta v. State of Tamilnadu)
• 24,39 (e) &(f),41,45 & 47
 Social Security Charter
• Article 39A : Equal justice and free legal aid
• The State shall secure that the operation of the
legal system promotes justice, on a basis of equal
opportunity, and shall, in particular, provide free
legal aid, by suitable legislation or schemes or in
any other way, to ensure that opportunities for
securing justice are not denied to any citizen by
reason of economic or other disabilities.
• (State of Maharashtra v. Manubhai Bagaji
Vashi(1995)-Art.21 read with Art.39 A-
• grant in aid to private law colleges
 Social Security Charter…..
• Article 41 : Right to work, to education and to public assistance in certain cases
• 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.
• Article 42 : Provision for just and humane conditions of work and maternity relief
• The State shall make provision for securing just and humane conditions of work and for
maternity relief.
• Article 43 : Living wage, etc., for workers
• The State shall endeavor 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.(Fixing Minimum Wages)
• Article 43A : Participation of workers in management of industries
• 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
organisation engaged in any industry.
• Article 45 : Provision for early childhood care and education to children below the age of 6
years
• The State shall endeavor to provide early childhood care and education to children below
the age of 6 years( Unnikrishnan v. State of A.P)Art 21-basis)Art 21A-Fundamental Right
 ……….
• Article 46 : Promotion of educational and economic interests of
Scheduled Castes, Scheduled Tribes and other weaker sections
• 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.
• Article 47 : Duty of the State to raise the level of nutrition and the
standard of living and to improve public health
• 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
endeavour to bring about prohibition of the consumption except for
medicinal purpose of intoxicating drinks and of drugs which are
injurious to health.
 Community Welfare Charter
• Article 44 : Uniform civil code -The State shall
endeavour to secure for the citizens a uniform
civil code throughout the territory of India.
• (Sarla Mudgal v. Union of India)(1995)
• Pragati Varghese v. Cyril George
Varghese(1997)Bombay H.C.-Sec 10,17&20-
Indian Divorce Act(Art.21)
• Noor Sabha Khatoon v.Mohd.Quasim (1997)-
Sec.125 Cr.P.C (Muslim Women (Protection Of
Rights on Divorce)Act)1986
• Registration of Marriages(2006)
 …..
• Article 40 : Organisation of village panchayats
• 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.(
• 73rd&74th Amd.Acts,1992) Pancahyati Raj and Nagarpalika Constitution
Amd. Act ,1992
• (Medical relief, maintenance of village roads, streets, tanks,wells, primary
education, sanitation, -financial and administrative powers)
• Article 48 : Organization of agriculture and animal husbandry
• The State shall endeavour to organize 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.
• Art 19(1) (g)
• Interest of general public (Art. 19 Cl.6(Reasonable Restrictions)
• Art 48 & Art 51A
• State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat(2006)
• Bombay Animal (preservation of Gujarat Amendment Act,1994
• Article 48A : Protection and improvement of environment
and safeguarding of forests and wild life
• The State shall endeavour to protect and improve the
environment and to safeguard the forests and wild life of the
country. (M.C.Mehta (II) v. Union of India)(1988)-Water
Pollution
• Article 49 : Protection of monuments and places and objects
of national importance
• 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.
(Ancient & Historical Monuments &Archaeological Sites
&Remains (Declaration of National importance)Act,1951.
• Article 50 : Separation of judiciary from executive
• The State shall take steps to separate the judiciary from the
executive in the public services of the State.
 ……….
• Article 51 : Promotion of international peace and
security
• The State shall endeavour to –
(a) promote international peace and security;
(b) maintain just and honourable relations between
nations;
(c) foster respect for international law and treaty
obligations in the dealings of organised people with
one another; and
(d) encourage settlement of international disputes by
arbitration.
• Protection of Human Rights Act,1993-NHRC&SHRC
 Gandhian principles
• Article 40: Organization of village Panchayats
• Article 43: Promotion of cottage industries
• Article 46: Promotion and protection of interests of
educational and economic interests of SCs, STs, and
other weaker sections of the society and to protect
them from social injustice and exploitation
• Article 47: Prohibition of consumption of intoxicating
drinks and drugs which are injurious to health
• Article 48: Prohibition of slaughter of cows, calves and
other milch and draught cattle and to improve their
breeds
Labour law is the legal regulation of
the relationship between workers
and employers.
includes the law of employment, industrial law,
laws prohibiting discrimination in employment,
occupational health and safety law, and
workers' compensation law.
HARMONIOUS INDUSTRIAL RELATIONS
 Part IV-DPSP
• Article 38 -promotion of welfare of all the people
• (Gujarat Agriculture Unvty v. Rodhod Labhu Prachar)-daily
wage workers-bsorption on compassionate grounds
• Article 39 (a) -right to an adequate means of livelihood for
men and women equally.
• Article 39 (d) -equal pay for equal work for both men and
women (Equal Remuneration Act in 1975)
• Article 39 (e)- directs the state to ensure that its policy
secures the health and strength of workers, men and women
and children are not abused and that the citizens are not
forced by economic necessity to take to vocations unsuited to
their age or strength.
• Article 41 –right to education, public assistance in cases of
unemployment, old age, sickness, disablement and other
cases of undeserved want. (National Rural Employment
Guarantee Act 2005 )
 ………………..
• Article 42- just and humane conditions of work but also for
Maternity Relief. (Maternity Benefit Act, 1961,Factories Act)
• Article 43 -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 decent standard of life and
full enjoyment of leisure and social and cultural
opportunities.(Contract Labour Act, MWA,EPF)
• (M.R.F.Ltd. v. Inspector of Kerala(1991)-Kerala Industrial
Estb.(National &Festival Holidays Act,1958=Art.43
• Article 43-A workers participation in the management
activities
• Article 45- free and compulsory education for the promotion
of educational and economic interests of weaker sections
• Article 47 -improvement in the level of the standard of living
and of public health.
 Laws related to Industrial Relations (REGULATIVE)
The Trade Unions Act, 1926
The Industrial Employment (Standing Orders) Act, 1946
The Industrial Disputes Act, 1947

Laws related to Wages (PROTECTIVE)

The Payment of Wages Act, 1936
The Minimum Wages Act, 1948
The Payment of Bonus Act, 1965
Laws related to Specific Industries (PROTECTIVE & WELFARE)
Factories Act,1948
(PLANTATION,MINES,BIDI AND CIGAR WORKERS,DOCK WORKERS,CINE WORKERS ETC…)
Laws related to Equality and Empowerment of Women
The Maternity Benefit Act, 1961
The Equal Remuneration Act, 1976
Laws related to Deprived and Disadvantaged Sections of the Society (PROTECTIVE)
The Bonded Labour System (Abolition) Act, 1976
The Child Labour (Prohibition & Regulation) Act, 1986
Laws related to Social Security (SOCIAL SECURITY)
The Employees Compensation Act, 1923
The Employees’ State Insurance Act, 1948
The Employees’ Provident Fund & Miscellaneous Provisions Act, 1952
The Payment of Gratuity Act, 1972
Laws related to Employment & Training
Employment exchanges & Apprentices
Others
War injuries ,personal injuries ,fatal accidents etc….
 Types of laws that fall under
Industrial Law
• Laws related to Industrial Relations
• Laws related to Wages
• Laws related to Working Hours, Conditions of Services and
Employment
• Laws related to Equality and Empowerment of Women
• Laws related to Deprived and Disadvantaged Sections of the Society
• Laws related to Social Security
• Laws related to Labour Welfare
• Laws related to Employment & Training
• Other Laws
 NATURE &SCOPE
• Constitution + legislative enactments +judge made law
• relief granted by specially constituted tribunals in the process of
resolving disputes between employers & employees on matters
concerning
• Employment relationship
• Conditions of service
• Working conditions
• Wages
• Benefits
• Social security
• Termination of employment
Industrialization, mechanisation and globalisation has increased
importance of labour welfare in industries.
 “Labour Policy in India”
• Creative Measures to attract Public & Private Investment.
• Creating New Jobs with New Social Security Schemes for workers.
• Unified and Beneficial Management of funds of Welfare Boards.
• Model Employee – Employer Relationships with Long Term Settlements.
• Vital Industries & Establishments declared as “Public Utilities”. S
• Special conciliation mechanism for projects with investments of Rs. 150 cr or
more.
• Industrial Relations committees in more sectors.
• Labour Law Reforms with Times. Empowered body of experts to suggest required
changes.
• Statutory amendments for expediting & streamlining the mechanism of Labour
Judiciary.
• Efficient functioning of Labour Department.
• More labour sectors under Min. Wages Act.
• Modern Medical Facilities for workers.
• Rehabilitation packages for displaced workers.
• Restructuring in functioning of Employment Exchanges with morden Technology.
• Revamping of Curriculum & Course content in Industrial Training.
• Joint Cell of Labour & Industries Department to study changes in Laws & Rules.
 Union List
• Entry No. 55 : Regulation of
labour and safety in mines
and oil fields
• Entry No. 61: Industrial
disputes concerning Union
employees
• Entry No.65: Union agencies
and institutions for
"Vocational ...training..."
Concurrent List
• Entry No. 22: Trade Unions;
industrial and labour
disputes.
• Entry No.23: Social Security
and insurance, employment
and unemployment
• Entry No. 24: Welfare of
about including conditions
of work, provident funds,
employers 'invalidity and
old age pension and
maternity benefit
 The essence of DPSP
• Article 38, 39,40 & 41 =SOCIALISTIC PATTERN
OF SOICETY

• Article 38 (1)= socio economic &political

justice
• Article 38 (2) (44th Amendment)= group equality.
• Article 39 Clauses (a) (b) &(c) =egalitarian operation
of economic and social system
• Article 41,42&43=SOCIAL SECURITY CONCEPT
• Article 51A : Fundamental duties
• It shall be the duty of every citizen of India –
(a) to abide by the Constitution and respect its
ideals and institutions, the National Flag and the
National Anthem;
(b) to cherish and follow the noble ideals which
inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and
integrity of India;
(d) to defend the country and render national
service when called upon to do so;
 ……………..
• (e) to promote harmony and the spirit of common
brotherhood amongst all the people of India
transcending religious, linguistic and regional or
sectional diversities; to renounce practices
derogatory to the dignity of women;(Aruna Roy v.
Union Of India(2002) (NCFSE),Art.28,secularism-
peace, love, truth ,nonviolence
(f) to value and preserve the rich heritage of our
composite culture;
 ………………….
• (g) to protect and improve the natural environment
including forests, lakes, rivers and wild life, and to have
compassion for living creatures; (M.C.Mehta (II) v.
Union of India)compulsory teaching on environment I
hour a week
• Restriction imposed to promote objectives of Art 48 &
Art 51A to be read together = REASONABLE
RESTRICTION and not against fundamental right to
carry on business
(h) to develop the scientific temper, humanism and the
spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
 …………….
• (j) to strive towards excellence in all spheres of
individual and collective activity so that the nation
constantly rises to higher levels of endeavour and
achievement.
• Govt. of India v. George Philip (2007)
• Compulsory retirement from service-
• overstay of leave & Absence from duty & order of 6
months time to join=subversive work culture
• Discipline & devotion to duty

• (k) to provide opportunities for education by the parent

the guardian, to his child, or a ward between the age of
6-14 years as the case may be.(86th Amendment Act
2002)