DIRECI1VE PRINCWES
ODF
30 as
becn STAIEPoICY
re its
oley 1owards amended to
187
evelop n a sering that indude
heathy hilcduenthat the State shall, in
and that
hildho0d and manner
youth are and in
are given
of opportine
and material
abandonnment poteded couditions
against recdom and
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(GONemnt |Article 39f)\ explottation An
opportunity sought to
i4h Annendmet assuredby the implemeu the Tomise of
Act, 1978),Preamble yinseting
he State shall. in as folows: dause eronomic just
(2) in \rtihe
endevoIT to
ciminatepartiaulat, strive to
inequalities minimise the
oth mngst indiv viduals but also in status, fa ilities inequalities
In inome.
ngaged in diflerent amongst
vocations. groups of people
and "PPortunities, not
residing in different
-looking anendent is
Fudamental
Right to read to be
(axation and for Property. These togetheralong
have
with the elimination
equalis1ng
tterent categories of work, which salaries and wages for
paved the way for
would usher in a lifferent vocations
rCsOrtng to
nationalisation
of
the means of socialisticsociety, even
I1. lhe
Constitution (86th production.
for early childhood Amendment) Act, 2002 altered
care and education for Article 45, making
place of the erstwhile children below
[Link]
14 vearS.
provision for free and compulsory the age of b
heage of education until
The Constitution (97th Amendment)
voluntary formation of co-operativeAct, 2011, has inserted Article 43B to
societies. Article 43B provides that:
The State shall endeavour to
promote voluntary formation, autonomous
Aunctioning, demOCratic control and professional
societies. management of co-operative
The Constitution (97th Amendment) Act was
passed in
apelred the Presidential assent on 12 January 2012 and came the year 20l1,
into force with
fet from 15 February 2012. The Supreme Court has struck down most parts
Footnote No. 6 Contd.]
as a kev to the enacting provisions but cannot add to or modify the law as laid down in the
enacting provisionsof the Constitution.
The Supreme Court has, however, observed that the insertion of the word "socialise" in
the Preamble would enable the Courts "to lean more and more in favour of nationalisation
and State ownership of industry" [Excel Wear vUO!, AIR 1979 SC 25 (para 24) : (1978) 4
SUC 224 : 1978 (2) LLI 527]. This means that in upholding laws of nationalisation, the
Lourt would liberally interpret the Directives in the light of omission of Articles 19(1)()
and 31(2), by the Constitution (44th Amendment) Act, 1978.
welfare of the people by securing and
ude 38 enjoins the State to strive to promote the which justice social, economic and
POccting, as effectively as it may, the social order in
Puashall inform all the institutions of national
life. It directs the State to strive to
minimise Inequalities in income and endeavour to eliminate inequalities in status, facilities,
residing in different areas or engaged
PpOnities among individuals andgroups of people SCC 104, para 21 :
In different avocations [Dalmia Cement (Bharat) Ltd v UO1, (1996) 10
(1996) 4|T 555]. 2011 was challenged in
(97th Amendment) Act,
Constitutionality
Rajendra
of the Constitution
LNIND 2013 GUJ 16
NShah v UOI, (2013) 2 GLR 1698 :Amendment) Act, 2011,
wherein the Gujarat
inserting Part IX-B.
High Court declared the Constitution (97th
[Footnote No. 8 Contd.]