Escolar Documentos
Profissional Documentos
Cultura Documentos
In the modern age, the people have been yearning to get their
basic rights recognised by rules in order to make their lives better and
happier. This process started when the people of England demanded an
assurance from King John for respecting of their ancient liberties. So he
made the Magna Carta!, the first written document on Fundamental Rights
of citizens. Though it was basically a feudal charter, it marked the beginning
of the history of constitutionalism and rights of the people over the
absolutism of medieval monarchs.
2. The 9in Amendment takes care of unlisted rights by declaring “The enumeration m :ti.)
Constitution of certain rights, shall not be construed to deny or disparage others retained l>y
the people”.
134
judiciary has become the guardian of the individual rights in England 1 hey
give protection to the citizens against the arbitrary powers of the executive
under the Magna Carta (1215), Petitions of Rights (1628), Bill of Rights
(1689) and Habeas Corpus Act (1679) and other Parliamentary Acts and
judicial decisions.
24), (5) Right to Freedom of Religion (Articles 25 to 28), (6) Cultural and
Educational Rights (Articles 29 and 30), (7) Right to Property [Articles 31
31 A, 31B and 31C (now deleted)], (8) Right to Constitutional Remedies
(Articles 32 to 35).
and notification having the force of law, (iii) customs or usage having the
force of law because they are not enacted laws at all. The expression law
in force” is used in Article 13(1) and in Article 372 and is defined in
identical terms by Article 13(3)(b) and Article 372. The expression
"existing law” is used for example in Article 19(2) to 19(6) and the
difference in the definition of "existing law” and "law in force" has been
relied upon to support the argument that existing law narrower than law m
force for whereas by express definition “law in force” includes a law if it is
not in operation at all, or not in operation in a particular area, a law cannot
be said to exist if it is not in operation. Personal laws do not come within
the scope of “laws in force”3 - law includes any ordinance, order, bye law
rule, regulation, notification, custom or usage having the force of law4
within Article 13(3)(a) of the Constitution. In Golak Nath case6 that view
was overruled but the view expressed in Golak Nath's case was
subsequently overruled in Keshavananda Bharati’s case? and it was
reaffirmed by the Supreme Court that the expression “law" in Article 13 did
not include an amendment of the Constitution. The matter has, however
been set at rest by the Constitution (24th Amendment) Act 1972 which by
inserting a Clause (4) to Article 13 has expressly laid down that Article 13
shall not apply to any amendment of the Constitution made under Article
368. In Kesavananda Bharati's case it was laid down that though the
Fundamental Rights constituted no limitation on the amending power yet
there were other limitations, namely, that the amendment of the
Constitution could not alter the basic structure of the Constitution or to
make new Constitution. The Clause (4) and (5) of Article 368 of the
Constitution inserted by the 42nd Amendment Act 1976 have declared that
there are no limitations expressed or implied upon the amending power of
the Constitution under Article 368 (1) which is a constituent power and
3. State of Bombay Vs. Narain Appa Mali AIR 1952 Bom 84; Sheo Kumar Vs. Smt Sudama
Devi AIR 1962 Pat 125 (126)
4. Dasaratha Rama Rao Vs. State of AP AIR 1961 SC 564 (570-572)
5. Sankari Prasad Singh Deo Vs. Union of India AIR 1951 SC 458
6. Golak Nath Vs. State of Punjab AIR 1967 SC 1543; (1967)2 SCR 762, (1967)2 SCJ 586
7. Keshavananda Vs. State of Kerela AIR 1973 SC 1461; (1973)4 SCC 225
138
that a Constitution Amending Act shall not be subject to the judicial review
in any court on any ground. But in Minerva Mills Vs. Union of lndia8 the
Constitution Bench of the Supreme Court has declared Clause (4) and (5)
of Article 368 of the Constitution invalid on the ground that these
provisions introduced by 42nd Amendment Act 1976 sought to exclude
judicial review which was one of the basic features of the Constitution as
Right to Equality :
The state shall not deny to any person equality before the law
or the equal protection of the laws within the territory of India.
Scope : The Supreme Court in Dalmia's casen has considered all the
previous cases on the true meaning and scope of Article 14 and have
summarised the following propositions to see whether any law violates
Article 14 or not. The Supreme Court declares that Article 14 condemns
discrimination not only by substantive law, but also by the procedural law
that though it forbids classification and that permissible classifications
shall satisfy the following two conditions.
Applicability of Article 14 :
Reasonable Classification :
The Supreme Court has also in several cases laid down that
the state can also be treated as a class by itself is
14. Bar Council, UP Vs. State AIR 1973 SC 231; (1973) 1 SCC 261
15. Dorai Rajan Vs. State of Madras AIR 1951 Mad 120 (FB)
16. Deena Vs. Union of India AIR 1983 SC 1155
17. Rattan Arya Vs. State of Tamil Nadu AIR 1986 SC 1444; Motor General Traders Vs State • (
AP AIR 1984 SC 121
18. Mannalal Vs. Collector of Jhalwar AIR 1961 SC 828; Lachman Das Vs. State of Punjab A i n
1963 SC 1234
The expression “equal protection of laws” means the right to
equal treatment in similar circumstances. Article 14 . ensures equality
among equals protecting persons similarly placed against discriminatory
treatment. A person challenging an act as discriminatory must establish
that between persons similarly placed some were treated to their
prejudice and the differential treatment has no reasonable relation to the
object sought to be achieved by the law19.
AP AIR 1962 SC 1733; C.K. Krishna Murthy Vs. State of Orissa AIR 1964 SC 1581
23. Sukhlal Vs. Income Tax Officer AIR 1959 Cal 4443; ITO Shillong Vs. NTR Rymbai AIR
1976 SC 670
24. N.M.C.S. Mills Vs. Municipal Corporation (1967)2 SCR 679; State of Kerela Vs Haji Alt-
1969 SC 378
25. Anant Prasad Lakshlnlvas Gunerlwal Vs. State of AP AIR 1963 SC B53
26. J.Y. Kondala Rao Vs. AP State Transport Corporation AIR 1961 SC 82
27. Chandra Boarding & Lodging Co. Vs. State of Mysore AIR 1970 SC 2042
28. C.A. Rajendra Vs. Union of India AIR 1968 SC 507
29 Anand Mills Co, Ltd, Vs, Aryodaya Spg ft Wvg. Mills Go I tri. AIR 1075 SO 1234
30. Anand Mills Co. Ltd. Vs. Aryodaya Spg ft Wvg. Mills Co. Ltd. AIR 1975 SC 1234
14?
31. O.K. U daysankaran Vs. Union of India AIR 1996 SC 1901; (1996)8 SCC 271, 1996 SCt
(L&S) 893
32. U nion o f India Vs. P.M. W orks AIR 1974 SC 2349; U.G.C. Vs. S adhana (1996)10 SCC
536
33 ITO V, NTR Rymbal AIR 1976 SC fi/O
34. S.S. S harm a Vs. Union o f India AIR 1981 SC 588
35. P.V. S hastrl Vs. Union o f India A IR 1974 Del 1 (FB)
14 3
36. S hankar B arm lw al Vs. Union of India AIR 1982 Raj 187(FB)
37. K anhaya Lai S ethia Vs. Union o f India (1997)6 SCC 573
38. R abindranath M ukhopadhyaya Vs. C oal India Ltd. (1997)4 SCC 252; 1997 SCC (L&S) 8a;-
1997 (2) SLR 394
39. NTPC Ltd. V s. K.V. R am gaiah (1997)11 SCC 597
' 44
Prohibition of Discrimination :
integrate the socially and educationally backward classes into the national
mainstream so as to establish an integrated social order with equal dignity
of person in which justice - social, economic and political - is enjoyed by
them in equal measures with general members of the society52 , Dalits
(SCs) and tribals are the victims of social injustice, such as practice of
untouchability and segregation from the mainstream of normal life.
Equality of opportunity :
posts in the services under the state in favour of the Scheduled Castes
52. Post Graduate Institute of Medical Education and Research Vs. K.L. Narasimhan (1997)6
SCC 283
14/
and the Scheduled Tribes which in the opinion of the states, are not
adequately represented in the services under the state]..
5) Nothing in this Article affect the operation of any law which
provides that the incumbent of an office in connection with the affairs of
any religious or denominational institution or any member of the governing
body thereof shall be a person professing a particular religion or belonging
to particular denomination.
down the criteria for identification of creamy layer set out in E fih a r
and Scheduled Tribes and other Backward Classes Act 1994 as a r b itr a r y
and illegal and has approved the test laid down by the C e n tr a l
pay for equal work would be an abstract doctrine not attracting Article 1 4 if
substance if equal work means equal pay and such right is deducible fr o m
what it is.
Abolition of Untouchability :
5 9 . R a n d h ir S in g h V s . U n io n o f In d ia A IR 1 9 8 2 S C 8 7 9
149
60. Pachlm Banga Khet Majdoor Samity and another Vs. State of West Bengal and another
(Civil) NO 796 of 1992
In an order dated 22/4/94 by the Chief Justice MN
Venkatachaliah, Justice R.M. Sahai and Justice S. Mohan, the Supreme
Court blamed the West Bengal Government for delaying the matter and
asked the State of West Bengal to pay Rs. 15,000/- within a period of
three weeks to Hakim Sheikh. The attitude of the West Bengal
Government in this case seems to be degrading as the health department
ignored the matter altogether which is shameful and serious offence
committed by them. It is a strict violation of Fundamental Rights and steps
should be taken so that such acts are prevented in future.
If the state fails to perform its duty, then the court can as well
interfere, but only to the extent to which it can give relief. When the court
can give complete relief, it is then that PIL should be entertained
61. People Union of Democratic Rights (PUDR) and another Vs. Ministry of Home Affairs CWij
No 2697 of 1984, Delhi
15?
62. Sunil Batra (II) Vs. Delhi Adm inistration, WP No. 1009 of 1979
153
63. Indrajit Baruah Vs. State of Assam and another, CR No. 182 of 1980, Guwahati
64. Indrajit Baruah Vs. State of Assam and another, CWP Nos. 332 to 834 of 1980 and LPA No
108 of 1980, Delhi
154
Assam Disturbed Areas Act, 1955 and Special Power Act, 1958. Similar
petitions were filed by two other persons and they not only challenged the
vires of the two Acts as violative of Article 14, 19 and 21 of the
Constitution, but also the legislative competence of the Assam Legislature
and the Lok Sabha in passing these legislations. The notification declaring
certain areas as disturbed is unjust and as the concept of "disturbed area
has not been defined, so such a declaration is irrational. It also challenged
the Armed Forces Special Powers Act, 1972.
(e) to reside and settle in any part of the territory of India and
(f) omitted;
(g) to practice any profession, or to carry on any occupation, trade or
business.
In Anowar Vs. State of J & K6s. the court held that these rights
are included in the right to freedom and are available only to one who is a
citizen of India.
Freedom of Press :
Right to Information :
Right to Know :
The legislatures in India have not paid attention for the growth
of right to personal liberty. It is the Indian judiciary which contributed to a
great extent for the expansion of personal liberty. For the concept of the
personal liberty incorporated in the Indian Constitution, a study of personal
liberty in England and America is very essential.
16’
86. Basu, D.D. : Select C onstitutions of the w orld , 3ra Ed. (1990). 11
87. Blackstone : Com m entaries on the laws of E ngland, 16lh Edition, 1825, Vol I, 134
88. Dicey, A.V. : Supra, 207-208
Personal Liberty In U.S.A. :
From this it is clear that the Congress is not free to make any
process without a "due process of law". Moreover the courts cannot affect
the life and liberty of a person without complying with the procedural due
process. The expression "due process” has been mentioned nowhere in
the Constitution. It denotes proper procedure, and it was the meaning
primarily intended by the men who drafted the "Bill of Rights"89 .
Assembly on the right to personal liberty took almost one year wherein
nearly twenty amendments were moved. There were members from
minorities, capitalists, socialists, experts in constitutional law and social
sciences.
Sir B.N. Rau pointed out that there would arise difficulties in
defining the words "due process". So, the sub-committee recommended a
moderate view of except according to the procedure established by law
and this expression was borrowed from Article 31 of the Japanese
Constitution.
95. Olga Tellies Vs. Bombay Municipal Corporation (1985)3 SCC 545
96. AIR 1997 SC 2298; (1997) 5 SCC 10
97. Francis Coralle Vs. Union Territory of Delhi, AIR 1978 SC 587
t fi7
and expressing oneself in diverse forms, freely moving about and mixing
and communicating with fellow human beings”g7.
Right to Education :
Right to Work :
Right to Privacy :
individual" was considered validno. Justice Subba Rao in his opinion tried
to support the minority opinion in the Gopalan Case. In the opinion of
Justice Subba Rao it was true that our Constitution did not expressly
declare a right to privacy as a Fundamental Right, but the said right was
an essential ingredient of personal liberty (Id at 1306). He defined the right
to personal liberty as a right of an individual to be free from restrictions or
encroachment on his person, whether these restriction were directly
imposed or "indirectly brought about by calculated measures” (Id at 1306)
Right to Shelter :
118. H ussainara Khatoon Vs. Home S e cre ta ry (1995)5 SCC 326; 1995 SCC (Cr) 913
119. Com m on Cause V s. Union o f India AIR 1996 SC 1619
120. Shiv S agar Tlw arl Vs. Union of India AIR 1997 SC 2725; (1997)1 SCC 44
law of “Preventive Detention".
(1) The first right is to be informed “as soon as may be” of the ground of
arrest.
The arrested person has the right to know the grounds of his arrest
and prepare for his defence. In Joginder Kumar Vs. State of U.P.1 2 1 , the
Supreme Court has laid down the following guidelines to be followed in
making an arrest of a person.
(a) An arrested person who is being held in custody is entitled, if he so
requests, to have a friend, relative or a person who is known to him
or one who is likely to take an interest in his welfare be told as far
as is practicable that he has been arrested and where he is been
detained.
(b) The police officer shall inform the arrested person of this right when
he is brought to the police station.
(c) An entry shall be required to be made in the police diary as to who
was informed of the arrest.
Thus Article 21 and 22 guarantee protection to a person from illegal
arrest.
(2) The second right guaranteed by clauses (I) and (II) of Article 22 is
the right to be defended by a lawyer of his choice. In Hussainara
Khatoon’s casei22, the Supreme Court has held that it is the constitutional
right of every accused person who is unable to engage a lawyer and
secure legal service on account of reasons such as poverty, indigence or
incommunicado situation, to have free legal services provided to him by
the state and the state is under a constitutional duty to provide a lawyer to
123. Ramesh Jain and others Vs. Union of India and others, CR Nos, 2314, 2238, 2415 of 199u
and 11 of 1991 Guwahatl
124. Order dt. 20/3/91, as cited In Ahu|a, Sanglta in People, Law and justice, 158
125. CBI Vs. Anupan J. Kulkarni, (1992)3 SCC 141
Clause (5) of Article 22 makes some amendments for deprivation of
personal liberty. Under that clause the detenue must be informed as soon
as possible under the detention, the ground on which detention order has
been made and also must be given the earliest opportunity of making
representation against the order of detention. In the case of State of M P
Vs. Shobharam^e, the Supreme Court held that before a person can be
detained under Preventive Detention Law every bit of procedure must be
strictly followed. The detention order has to be specific and definite The
order of detention under a Preventive Detention Law is vitiated when the
grounds of order of detention are vague and indefinite127.
SC 142
131. G aurab Jain Vs. Union o f India AIR 1997 SC 3021; (1997)8 SCC 114
prostitutes is the obligation of the state. The prostitutes have the right to
enter into social mainstream.
industries and occupation and the latest in the legislative field is the Child
Labour (Prohibition and Regulation) Act 1986. The object of this Act is to
translate into action the Fundamental Rights enshrined in Article 24 by
prohibiting engagement of children in certain employment and to regulate
conditions of work of children in certain other employments.
After going through the facts, the court found that the events
depicted in the serial although may be communal, but may likely to
prevent such acts in the future by extremists and fundamentalists The
court finally held that there was no violation of Article 21 and 25 of the
Constitution by Doordarshan and the petition and the appeal was
dismissed.
142. M oulana M ufti Syed Md. M urur Rehman B askati Vs. State of WB AIR 1999 Cal 15 (DB)
143. Romesh S/o C hotalal D alai Vs. Union of India and others W P(C) No. 107 of 1988 with Si P
No. 3019 o f 1988
180
that such an act will lead to the violation of Articles 14, 15, 26, 27 and 142
of the Constitution. The petition also stated that the decision of the centre
was against the secular character of India. An appeal was made to
constitute a trust comprising people from different religious groups to find
an amicable solution to the controversy.
156. A hm edabad S aint X a v ie r’s C ollege S ociety Vs. State of G ujrat, AIR 1974 SC 1939
157. DAV C ollege B hatinda Vs. State of Punjab AIR 1971 SC 1731
right to protect the Fundamental Rights of the citizens has itself been
made a Fundamental Right which is named as Right to Constitutional
Remedies. Article 32 guarantees this right to move the Supreme Court by
appropriate proceedings for the enforcement of Fundamental Rights
contained in part III of the Constitution.
The Writ of Habeas Corpus means, "you may have the body"
This writ is used to preserve personal liberty against arbitrary arrest and
detention made by the executive.
158. Bar Council of Maharastra Vs. M.V. Dabholkar AIR 1975 SC 2092
159. Peoples' Union for Democratic Rights Vs, Union of India (1998)8 SCC 485
interest which demands that the violation of Constitutional or legal rights
of large number of people who are poor, ignorant or in a socially or
economically disadvantaged position should not go unnoticed and
unredressed. So, when the voluntary organisation has come forward to
vindicate the constitutional and legal rights of large number of poor and
ignorant people, the Supreme Court cannot refuse to entertain the petition
on the ground of traditional concept "person aggrieved".
160. Sant Bir Vs. State of Bihar, W.P. (Cr l)IV 1052 of 1982
161. Mathew Areeparmtil and others Vs, State of Bihar and others, W.P (Cr I) No 371 of 1983
187
concerned authority if any of their rights are violated so that they can get
relief from it.
(1) The Supreme Court has very much liberalised and expanded the list of
Fundamental Rights falling under Article 21 in the following ways
(2) The Supreme Court has involved the positive duties and obligation
under each of the Directive Principles, in part IV and read them into
Fundamental Rights treating the directions of the state policy and
the Fundamental Rights as "supplementary and complementary to
each other"i69.
(3) By using public interest litigation liberally, the Supreme Court not
only acts as restraint upon the executive but issues appropriate
directions and guidance which has now emerged as the new
concept of judicial activism.
Right to Property :
When the Supreme Court had held that the market value
should be the basis of determining the compensation, the government felt
that it would be impossible for it to implement its social welfare policies if it
The matter of the validity of the 24th, 25th and 29th Constitution
Amendment Acts was challenged in the Supreme Court in the
Fundamental Rights case of 1973. The Supreme Court held the 24th and
25th Constitution Amendment Acts as valid, but declared the provision of
clause c added to Article 31 as void. The Supreme Court held that the
Constitution Bench will decide whether the impugned Acts of Kerala take
away Fundamental Rights or only abridge them and in the latter case
whether they affect reasonable abridgement in the public interest. Justice
H.R. Khanna held that the Parliaments' power to amend the Constitution
was limited and it could not alter the basic structure of the Constitution
But he struck down part second of the Article 31(C) which " .... No law
containing a declaration that it was for giving effect to such policy shall be
called in question in any court on the ground that it did not give effect to
such policy"i8 2 .
183. The Chagla Committee Report, The Hindustan Times, June 3, 1976
196
governance of the country". The Supreme Court has taken the view that
reasonable restrictions can be made to implement the Directive Principles
In the leading case of F.N. Bulsara Vs. the State of Bombay (1951)i91 the
Supreme Court held that the state was justified in prohibiting the
consumption of drugs and intoxicating materials for public purpose. Again
in Kameshwar Vs. the State of Bihar (1952)i92- Article 39 was invoked in
support of the contention that the abolition of zamindari had a legitimate
public purpose.
The following cases will give us a clear idea about the actua
working of the Fundamental Rights and Directive Principles as enshrmec
in our Constitution.
194. Order dt. 20-12-86 as cited in Ahuja, Sangita, People. Law and Justice p. 247
201
her were totally unjustified. The state of Maharashtra was directed to pay
the appellant cost of Rs. 5,000/-.
195. D.D. Vyas and others Vs. G haziabad D evelopm ent A u th o rity , G haziabad arid anothei
CMW No. 24400 of 1991, A llahabad
196. P eop le ’s Union fo r D em ocratic R ight (PUDR) and others Vs. Union of India and o th e r,
W .P. No. 8143 o f 1981
202
After analysing the case law and the technicalities, it was held
that the provisions of 1904 Act were not attracted as claimed by the
petitioner. However, the court stated that Directive Principles of State
Policy and Fundamental Duties would be the principal consideration in a
case of this kind and stressed the need to take Articles 48A and 51A(g)
into account. As the principal consideration was to attract tourism and not
revenue, the court held that public interest is paramount in the allotment of
land and that the government did act with probity. The court suggested hat
guidelines be framed which would address the need for PIL litigants and
the courts to exercise self-restraint in the kind of issues and the cases
litigated as PILs.
197. Sachidanand Pandey and another Vs. State of West Bengal and others; WP No 8143 or
1981
204
198. Mathew Lukose Vs. Kerela State Pollution Control Board, OP No. 3473 and 4622 of 1988
Kerela
199. Rajiv Singh alias Lalan Singh Vs. State of Bihar and others, CWJC No 6928 with CWJ(.
N o .9601, 1989, Patna
backward regions by way of installing industries and factories. But at the
same time, the court ensured that in the process, the environment should
not be polluted and crops and health of the people not to be affected
Thus the court ensured development but not at the cost of environmental
degradation or pollution.
Kerela and another2oo. a petition was filed under Article 226 of the
Constitution asking the court to prevent the sale of arrack in polythene
sachets as it was injurious to health.
200. G eorge M am pilly and an o th e r Vs. State o f K erela and another LOP No. 9814 of 1992 ;i
Kerela
?oh
The 42nd Amendment Act, 1976 has added Part IV-A chapter
on Fundamental Duties for the first time in the Indian Constitution. Thus by
incorporating this chapter on the Fundamental Duties, the traditional
The part III and part IV were made separate and distinct entities of the
Constitution owing to changes at the last moment202-
RightS203- On the other hand, the Constitution ordains that the Directive
Principles shall not be enforceable by any court204 - It follows that while the
Fundamental Rights are mandatory, the Directive Principles are just like
optional directives.
But this theory of subordination could not hold good for long
In Kameswar Singh case the Supreme Court laid down a different
principle. It commented; "In the light of the new outlook, what, I ask, is the
purpose of the state in adopting measures for the acquisition of
Zaminadries and the interest of intermediaries. It is to subserve the
common good by bringing the land which feeds and sustains the
community and also produces wealth by its forests, minerals and other
resources, under state ownership or control. This state ownership or
control over land is necessary preliminary step towards the
implementation of Directive Principles of State Policy and it cannot but be
a public purpose". Thus the “doctrine of harmonious construction”
took the place of the 'theory of subordination".
Concept : " Secularism" often means a way of life and conduct guided by
materialistic considerations free from religion. Encyclopaedia Britannica
defines secularism as "non-spiritual, having no concern with religious or
spiritual matters, anything which is distinct, opposed to, or not connected
with religion or ecclesiastical things, temporal as opposed to spiritual
ecclesiastical''2i2- Shorter Oxford dictionary defines secularism as "the
doctrine that morality should be based solely on regard to the well being of
mankind of the present life to the exclusion of all consideration drawn from
belief in God or in a future state". D.E. Smith defines “The secular state is
a state which guarantees individual and corporate freedom of religion,
deals with the individual as a citizen irrespective of his religion, is not
constitutionally connected to a particular religion, nor does it seek either to
promote or interfere with religion. Upon closer examination, it will be seen
that the conception of a secular state involves three distinct but inter
related sets of relationship concerning the state, religion and the
individual"2i3. Secularism "is materialistic in tone and holds that human
improvement can be sought through material means alone"2i4. In this
sense secularism means a "secular attitude" towards life.
Indian Secularism :
In Golam Abbas Vs. State of U.P.217, the court held that the
rights of religious communities based on custom are also to be protected
The state can also make laws for the social welfare and social reform
provided these reforms do not effect the essence of any religion ^ he
courts have by and large taken the stand that where there is a conflict
between the need of social welfare and reform and religious practice
religion must yield.
216. Md. Hanif Quareshi Vs. State of Bihar AIR 1958 SC 731
217. Golam Abbas Vs. State of UP, AIR 1981 SC 2198 •
Article 26 : Article 26 grants right of religious freedom collective to a
religious denomination or a section thereof. But Article 26 does not create
in any denomination or a section which it never had. It merely safeguards
and guarantees continuance of a right which such denomination or sect
had. If the denominations never had the right to manage property in favour
of a denominational institutions as per reasonable terms on which the
endowment was created, it cannot be said to have it.
Social Justice :
The concept of social justice is very wide and its meaning has
to be understood in the treatment of human beings in society. Social
223. Basu, D.D. : Introduction to the C o n stitu tio n o f India XII Ed., 1989
219
224. S hingvi, L.M. : Journal o f C o n s titu tio n a l and P a rlia m e n tary S tu d ie s , June, 1975
Article 47 says that 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 purposes of intoxicating drinks and of
drugs which are injurious to health. Though in persuasion of this direction,
many states in India adopted a policy of prohibition, but at present the
prohibition laws are being relaxed to make up the deficits in the State
Budgets. In State of Bombay Vs. F.N. Balsara22 5 , a reference was made to
the Directive Principles contained in Article 47.
the judges should also consider the impact of their decisions on the s o c ia l
life of the community and blindly following the letter of the la w w ill n o t
serve the ends of social justice. Along with judiciary both the e x e c u tiv e