“India as a welfare state ”
A Proposal made by:
Shashwat Pratyush
Roll No: 1761
Class: [Link].B.(Hons.)
Semester: 5th
Dr Anirudh Prasad ,
Professor of Law
A research proposal submitted in partial fulfilment of the course Constitutional
Law for attaining the degree [Link].B. (Hons.)
AUGUST ,2019
CHANAKYA NATIONAL LAW UNIVERSITY
Nyaya Nagar, Mithapur, Patna (Bihar)-800001
INTRODUCTION
In the past two decades, most Asian
countries have experienced higher
growth
rates, but this growth has bypassed
the poor sections of their society.
Economic
growth has often been accompanied
by income inequality. This gap
between the
rich and the poor leads to unbalanced
development, which can deoxidise
the impact
of economic growth. Hence,
reduction in inequality has become a
major concern in
development policies, and from this
evolved the concept of inclusive
growth
India is a welfare state. The fact that the preamble of the Constitution itself envisages India to
be a ‘socialist’ state bears enough evidence for this.
What do we understand by the word socialism? Socialism in India is not understood in the
Russian context where all resources are owned by the state and the state secures the welfare
of all. Socialism, as envisioned in the Indian Constitution, aims at elimination of inequality in
income, status and standards of life. In many decisions, courts have interpreted ‘socialism’ to
mean a kind of social democracy which comes closer to the conception of a social welfare
state as seen in the Constitutions of France and Germany. The Constitution itself, however,
does not define the term, but merely implies the above meaning through the rest of its
provisions.
In exercise of socialism, the Constitution provides what are called the Directive Principles of
State Policy in Part four. These principles are not justiciable in a court of law, meaning that
one cannot file a proceeding because a Directive Principle has not been enacted or been
denied. However, this does not render them redundant as they recognize the long-term but
fundamental goals of a welfare state which help in defining the path of development the
country is to follow, and it is the duty of the State to apply them while making laws. By their
very name, they are “Directive” principles, principles which help the government direct their
functions in order to make India what the Constitution-makers wanted it to be. Further,
Article 38 provides a mandate for the State to ‘secure a social order for the promotion of
welfare of the people’.
Article 39 lays down six Directive Principles. Some of these are to ensure means of equal
livelihood to men and women, ownership and control of resources be distributed to serve the
best interests of the people, there is no concentration of wealth, there is equal pay for equal
work of men and women, etc.
Article 39A, inserted by the Constitution (Forty-second Amendment) Act of 1976, imposes a
mandate on the state to provide equal justice and free legal aid. This particular provision shall
be the focus of this project, as the questions to which we seek answers are:
Whether free legal aid is meant to achieve speedy and equal justice.
Does it achieve this aim.
RESEARCH METHODOLOGY:
The Experience of India’s
*
Inclusive Growth
1
L.G. Burange
2
Neha N. Karnik
2
Rucha R. Ranadive
*
This is a completely revised and updated
version of the paper titled ‘India’s Inclusive
Growth and
Development: An Assessment’ presented at
the International Conference on Inclusive and
Sustainable
Growth, organised jointly by IMT Nagpur and
BAIF Pune on 4-6 October, 2012.
1
Professor, Department of Economics,
University of Mumbai.
2
Research Scholars, Department of
Economics, University of Mumbai.
The authors would like to thank Romar Correa
and an anonymous referee for comments and
suggestions.
However, the authors remain solely
responsible for any remaining errors.
Review of Development & Change, Vol. XIX
No.1, January-June 2014, pp.71-92
Abstract
Strategies of inclusive growth and
development have become important
in the development policies of
Emerging Market Economies
(EMEs) that
have higher economic growth rates.
With India’s accelerated economic
growth rate, Indian policy makers
have also shifted their focus to
inclusive
growth and development while
formulating the 11th Five-Year
Plan.
This paper describes agship
programmes that cover education,
health,
employment, rural-urban
infrastructure, women and child
development
and social security measures from
2007-08 to 2011-12 under the 11th
Five-
Year Plan and evaluates some
schemes based on their targets versus
their
achievements. Despite the numerous
measures taken by the government,
their effectiveness remains low due
to lack of co-ordination between the
schemes and poor implementation.
1. Introduction
In the past two decades, most Asian
countries have experienced higher
growth
rates, but this growth has bypassed
the poor sections of their society.
Economic
growth has often been accompanied
by income inequality. This gap
between the
rich and the poor leads to unbalanced
development, which can deoxidise
the impact
of economic growth. Hence,
reduction in inequality has become a
major concern in
development policies, and from this
evolved the concept of inclusive
growth.
L.G. BuranGeL , neha n. KarniK and rucha r. ra
nadive72
Inclusive development has emerged
as a central idea for development
policies
and political agendas framed by
developing countries across the
globe. It has its roots
in almost all major ancient
civilizations across different
religions, socio-economic
cultures and polities, such as
Vasudhaiva Kutumbakam in India,
Ubuntu in Africa
and Xiaòkang in China. The basic
philosophy is harmonious habitation
and the
well being of mankind. Mahatma
Gandhi observed that no culture can
survive if
it attempts to be exclusive (Prabhu
and Rao 1966) and John F. Kennedy
in 1961
emphasised the concept of inclusive
growth through afrmative policy
actions
(MacLaury 2010). The word
‘inclusive’ means a sense of
belonging, a feeling of
togetherness and a commitment to
one another. The economic
understanding of
the word ‘inclusive’ according to the
Oxford Dictionary means not
excluding any
section of society .
Asian countries are experiencing
higher growth rates with falling
poverty
ratios, but the growth has not reached
the grassroots level, which has
resulted in a
wide gap between the rich and the
poor. Economic growth should
necessarily be
inclusive for ethical considerations
of equity and fairness, for social
peace and to
avoid civil unrest. This asserts the
importance of inclusive growth and
development
in the emerging and developing
world.
Inclusive development has become
a thrust area for the United Nations,
the World Bank and the Asian
Development Bank (ADB). The
United Nations
Development Programme (UNDP)
has focused on integrating women
and disabled
persons into the development
process. The UNDP approach
integrates standards and
principles of human rights
participation, non-discrimination and
accountability.
Against this background, this paper
assesses India’s performance in
inclusive
growth. Section 2 of this paper
describes the concept and
dimensions of inclusive
growth and Section 3 examines and
evaluates India’s experience based
on the most
recent Five-Year Plan.
The Experience of India’s
*
Inclusive Growth
1
L.G. Burange
2
Neha N. Karnik
2
Rucha R. Ranadive
*
This is a completely revised and updated
version of the paper titled ‘India’s Inclusive
Growth and
Development: An Assessment’ presented at
the International Conference on Inclusive and
Sustainable
Growth, organised jointly by IMT Nagpur and
BAIF Pune on 4-6 October, 2012.
1
Professor, Department of Economics,
University of Mumbai.
2
Research Scholars, Department of
Economics, University of Mumbai.
The authors would like to thank Romar Correa
and an anonymous referee for comments and
suggestions.
However, the authors remain solely
responsible for any remaining errors.
Review of Development & Change, Vol. XIX
No.1, January-June 2014, pp.71-92
Abstract
Strategies of inclusive growth and
development have become important
in the development policies of
Emerging Market Economies
(EMEs) that
have higher economic growth rates.
With India’s accelerated economic
growth rate, Indian policy makers
have also shifted their focus to
inclusive
growth and development while
formulating the 11th Five-Year
Plan.
This paper describes agship
programmes that cover education,
health,
employment, rural-urban
infrastructure, women and child
development
and social security measures from
2007-08 to 2011-12 under the 11th
Five-
Year Plan and evaluates some
schemes based on their targets versus
their
achievements. Despite the numerous
measures taken by the government,
their effectiveness remains low due
to lack of co-ordination between the
schemes and poor implementation.
1. Introduction
In the past two decades, most Asian
countries have experienced higher
growth
rates, but this growth has bypassed
the poor sections of their society.
Economic
growth has often been accompanied
by income inequality. This gap
between the
rich and the poor leads to unbalanced
development, which can deoxidise
the impact
of economic growth. Hence,
reduction in inequality has become a
major concern in
development policies, and from this
evolved the concept of inclusive
growth.
L.G. BuranGeL , neha n. KarniK and rucha r. ra
nadive72
Inclusive development has emerged
as a central idea for development
policies
and political agendas framed by
developing countries across the
globe. It has its roots
in almost all major ancient
civilizations across different
religions, socio-economic
cultures and polities, such as
Vasudhaiva Kutumbakam in India,
Ubuntu in Africa
and Xiaòkang in China. The basic
philosophy is harmonious habitation
and the
well being of mankind. Mahatma
Gandhi observed that no culture can
survive if
it attempts to be exclusive (Prabhu
and Rao 1966) and John F. Kennedy
in 1961
emphasised the concept of inclusive
growth through afrmative policy
actions
(MacLaury 2010). The word
‘inclusive’ means a sense of
belonging, a feeling of
togetherness and a commitment to
one another. The economic
understanding of
the word ‘inclusive’ according to the
Oxford Dictionary means not
excluding any
section of society .
Asian countries are experiencing
higher growth rates with falling
poverty
ratios, but the growth has not reached
the grassroots level, which has
resulted in a
wide gap between the rich and the
poor. Economic growth should
necessarily be
inclusive for ethical considerations
of equity and fairness, for social
peace and to
avoid civil unrest. This asserts the
importance of inclusive growth and
development
in the emerging and developing
world.
Inclusive development has become
a thrust area for the United Nations,
the World Bank and the Asian
Development Bank (ADB). The
United Nations
Development Programme (UNDP)
has focused on integrating women
and disabled
persons into the development
process. The UNDP approach
integrates standards and
principles of human rights
participation, non-discrimination and
accountability.
Against this background, this paper
assesses India’s performance in
inclusive
growth. Section 2 of this paper
describes the concept and
dimensions of inclusive
growth and Section 3 examines and
evaluates India’s experience based
on the most
recent Five-Year Plan.
The Experience of India’s
*
Inclusive Growth
1
L.G. Burange
2
Neha N. Karnik
2
Rucha R. Ranadive
*
This is a completely revised and updated
version of the paper titled ‘India’s Inclusive
Growth and
Development: An Assessment’ presented at
the International Conference on Inclusive and
Sustainable
Growth, organised jointly by IMT Nagpur and
BAIF Pune on 4-6 October, 2012.
1
Professor, Department of Economics,
University of Mumbai.
2
Research Scholars, Department of
Economics, University of Mumbai.
The authors would like to thank Romar Correa
and an anonymous referee for comments and
suggestions.
However, the authors remain solely
responsible for any remaining errors.
Review of Development & Change, Vol. XIX
No.1, January-June 2014, pp.71-92
Abstract
Strategies of inclusive growth and
development have become important
in the development policies of
Emerging Market Economies
(EMEs) that
have higher economic growth rates.
With India’s accelerated economic
growth rate, Indian policy makers
have also shifted their focus to
inclusive
growth and development while
formulating the 11th Five-Year
Plan.
This paper describes agship
programmes that cover education,
health,
employment, rural-urban
infrastructure, women and child
development
and social security measures from
2007-08 to 2011-12 under the 11th
Five-
Year Plan and evaluates some
schemes based on their targets versus
their
achievements. Despite the numerous
measures taken by the government,
their effectiveness remains low due
to lack of co-ordination between the
schemes and poor implementation.
1. Introduction
In the past two decades, most Asian
countries have experienced higher
growth
rates, but this growth has bypassed
the poor sections of their society.
Economic
growth has often been accompanied
by income inequality. This gap
between the
rich and the poor leads to unbalanced
development, which can deoxidise
the impact
of economic growth. Hence,
reduction in inequality has become a
major concern in
development policies, and from this
evolved the concept of inclusive
growth.
L.G. BuranGeL , neha n. KarniK and rucha r. ra
nadive72
Inclusive development has emerged
as a central idea for development
policies
and political agendas framed by
developing countries across the
globe. It has its roots
in almost all major ancient
civilizations across different
religions, socio-economic
cultures and polities, such as
Vasudhaiva Kutumbakam in India,
Ubuntu in Africa
and Xiaòkang in China. The basic
philosophy is harmonious habitation
and the
well being of mankind. Mahatma
Gandhi observed that no culture can
survive if
it attempts to be exclusive (Prabhu
and Rao 1966) and John F. Kennedy
in 1961
emphasised the concept of inclusive
growth through afrmative policy
actions
(MacLaury 2010). The word
‘inclusive’ means a sense of
belonging, a feeling of
togetherness and a commitment to
one another. The economic
understanding of
the word ‘inclusive’ according to the
Oxford Dictionary means not
excluding any
section of society .
Asian countries are experiencing
higher growth rates with falling
poverty
ratios, but the growth has not reached
the grassroots level, which has
resulted in a
wide gap between the rich and the
poor. Economic growth should
necessarily be
inclusive for ethical considerations
of equity and fairness, for social
peace and to
avoid civil unrest. This asserts the
importance of inclusive growth and
development
in the emerging and developing
world.
Inclusive development has become
a thrust area for the United Nations,
the World Bank and the Asian
Development Bank (ADB). The
United Nations
Development Programme (UNDP)
has focused on integrating women
and disabled
persons into the development
process. The UNDP approach
integrates standards and
principles of human rights
participation, non-discrimination and
accountability.
Against this background, this paper
assesses India’s performance in
inclusive
growth. Section 2 of this paper
describes the concept and
dimensions of inclusive
growth and Section 3 examines and
evaluates India’s experience based
on the most
recent Five-Year [Link]
METHODOLOGY:
For the project, the researcher will be relying upon the Doctrinal method of Research.
RESEARCH QUESTIONS?
What do you mean by the term welfare state?
Why did Constitution-makers decide that India would be a welfare state?
Name at least two sections of Indian society that were adversely affected by
prevailing social inequalities.
What exactly does Article 39A provide for?
What has been the position of courts regarding Article 39A? What do the judgments
lay down?
AIMS AND OBJECTIVES:
The researcher tends to
explain the meaning of a welfare state and understand how India is a welfare state;
identify the factors which led to the inclusion of Directive Principles of State Policy
in the Constitution of India;
appreciate the importance of Directive Principles in realizing the objectives of a
welfare state of India.
identify and classify various categories of Directive Principles;
distinguish between Fundamental Rights and Directive Principles of State Policy;
HYPOTHESIS:
The researcher presumes that the Preamble and Directive Principle of State Policy of
Indian Constitution provides for welfare state by mentioning the term socialist in
Preamble.
LIMITATIONS OF STUDY:
Owing to the large number of topics that could be included in the project, the scope of
this research project is exceedingly vast. However, in the interest of brevity, this paper
has been limited to the specified topics. Also, the researcher will have time and
money limitations while making of this project.
TENTATIVE CHAPTERIZATION
1. INTRODUCTION
2. SCOPE AND ENFORCEABILITY OF ARTICLE 39 A
3. THE JUDGMENTS OF COURTS AND THE POSITIONS OF LAW THEY HAVE
DECIDED UPON WITH RESPECT TO ARTICLE 39A.
4. FREE LEGAL AID ACCOMPLISHING SPEEDY AND EQUAL JUSTICE.
5. CONCLUSION AND SUGGESTIONS
BIBLIOGRAPHY
The researcher has consulted following sources to complete the Rough proposal
Primary Sources
Statutes
1. The Constitution of India, 1950
2. The Legal Services Authorities Act, 1987
3. Constitution of the Fifth French Republic, 1952
4. Basic Law for the Federal Republic of Germany, 1949
Secondary sources
I. Websites
1. Agarwal, Divyam; An Introduction to the Legal Services Authorities Act;
[Link] last visited on 23 March 2010
2. Basu, DD; Constitutional Law of India; Lexis Nexis Butterworths; (New Delhi, 8th
edition, 2008)
3. Raju, CB; Social Justice and the Constitution of India; Serials Publications, (New
Delhi, 2007)
4. Singh, MP; VN Shukla’s Constitution of India; Eastern Book Company; (Lucknow,
2008)
(2004) 3 GLR 2018 Oriental Insurance Co. Ltd. v/s Hansrajbai V. Kodala (2001)1
Balbir Kaur v/s Steel Authority of India (2000) 2 AIR 2000. SC1596
1
(2004) 3 GLR 2018
2
AIR 2000. SC1596
Superintending Engineer, Public Health, U.T. Chandigarh v/s Kuldeep Singh (1997) 1997 AIR (SC)
2133
1995 (70) FLR 89, Ashok Kumar Gupta v/s State of U.P. (1997)
AIR 1995 Guj 133, Consumer Education and Research Centre v/s Union of India (1995)
1978 AIR 1548
Madhav Hayawadanrao Hoskot v State of Maharashtra.3
Sk Das vs Union Territory of Arunachal Pradesh 1986 SCR (1) 590
Khatri & Ors. State of Bihar & Ors
3
1978 AIR 1548