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 Caste and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
COMMENTS
The Supreme Court has also read the right to development in this Article read with Articles 21, 38 and 39.
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 endeavor to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.
COMMENTS
In the case of State of Bombay vs. F.M.Balsara: The directive that the State shall Endeavour to bring about prohibition of the consumption of the intoxicating drinks and drugs was take into consideration. It was held that the restriction imposed by the Bombay Prohibition Act is respect of possession, sale, use pr consumption of liquor were not unreasonable restrictions on the exercise of right guaranteed under Act 19(1) to prevent misuse of intoxicating drinks or drugs in the name of medicinal purpose.
48. Organisation of agriculture and animal husbandry:
The State shall endeavor 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.
COMMENTS
The directive for taking steps for preventing the slaughter of animals is quite explicit and positive and contemplates a ban on the slaughter of the several categories of animals specified therein. There are only 7 States or Union Territories in India (out of a total of 29 States and 7 UTs), namely Arunachal Pradesh, Kerala, Meghalaya, Mizoram, Nagaland, Tripura and Lakshadweep, which have no law banning cow slaughter in one form or another. All other States and UTs (Twenty-Nine) have enacted laws to prevent the slaughter of cow and its progeny in one form or another. However, the ban did not extend to cattle which ceased to be milch or draught.
48. Protection and improvement of environment and safeguarding of forests and wildlife:
The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.
COMMENTS
The Environment (Protection) Act, 1986, the Air (Prevention & Control of Pollution) Act, 1981, The Water (Prevention and Control of Pollution) Act 1974, etc. have been enforced for the protection of environments, forests, wildlife and even tp control water, air and land pollution. Several principles of environmental law have been developed like ‘polluter to pay’ etc. under this Article in conjunction with Articles 21 and 51 (g). The Supreme Court is even monitoring Ganga Cleaning Project against claims by the Union Government to make the Ganga free of pollution by the year2017.
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 or 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.
COMMENTS
Article 49 of the Directive Principles requires the State to protect monument and places and objects of national importance. For the purpose of protecting culture in all its facets and in developing it, the State has to set a part the necessary resources. Displaying notices under the Ancient Monuments Preservation Act 1904 without due enforcement and preservation will be futile.
50. Separation of judiciary from executive:
The State shall take steps to separate the judiciary from the executive in the public services on the State.
COMMENTS
Our Constitution contemplates that one organ of the government will not encroach upon the functions that essentially belong to another. The idea was to take away judicial functions from the executive officers. But it does not mean that in the name of independence, judiciary is not accountable. It is very much a service to the people of India. And, therefore there should be judicial Impact Assessment to undertake quantitative assessment of cases and statutes.
51. Promotion of international peace and security:
The State shall endeavor to–
(a) Promote international peace and security;
(b) Maintain just and honorable relations between nations;
(c ) Foster respect for international law and treaty obligations in the dealings of organized people with one another; and
(d )Encourage settlement of international disputes by arbitration.