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PART IV
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DIRECTIVE PRINCIPLES OF STATE POLICY
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36. Definition.—In this Part, unless the context otherwise requires, “the
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State” has the same meaning as in Part III.
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37. Application of the principles contained in this Part.—The
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provisions contained in this Part shall not be enforceable by any court, but the
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principles therein laid down are nevertheless fundamental in the governance of
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the country and it shall be the duty of the State to apply these principles in
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making laws.
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38. State to secure a social order for the promotion of welfare of the
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people.—(1) The State shall strive to promote the welfare of the people by
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securing and protecting as effectively as it may a social order in which justice
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,
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social, economic and political, shall inform all the institutions of the nationa
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l life.
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(2) The State shall, in particular, strive to minimise the inequalities in
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income, and endeavour to eliminate inequalities in status, facilities and
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opportunities, not only amongst individuals but also amongst groups of people
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residing in different areas or engaged in different vocations.
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39. Certain principles of policy to be followed by the State.—The
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State shall, in particular, direct its policy towards securing—
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(a) that the citizens, men and women equally, have the right to an
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adequate means of livelihood;
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(b) that the ownership and control of the material resources of the
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community are so distributed as best to subserve the common good;
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(c) that the operation of the economic system does not result in the
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concentration of wealth and means of production to the common
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detriment;
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(d) that there is equal pay for equal work for both men and women;
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(e) that the health and strength of workers, men and women, and
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the tender age of children are not abused and that citizens are not forced
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by economic necessity to enter avocations unsuited to their age or
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strength;
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(f) that children are given opportunities and facilities to develop in
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a healthy manner and in conditions of freedom and dignity and that
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childhood and youth are protected against exploitation and against moral
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and material abandonment.
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20
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THE CONSTITUTION OF INDIA
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39A. Equal justice and free legal aid.—The State shall secure that the
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operation of the legal system promotes justice, on a basis of equal opportunity,
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and shall, in particular, provide free legal aid, by suitable legislation or sch
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emes
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or in any other way, to ensure that opportunities for securing justice are not
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denied to any citizen by reason of economic or other disabilities.
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40. Organisation of village panchayats.—The State shall take steps to
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organise village panchayats and endow them with such powers and authority as
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may be necessary to enable them to function as units of self-government.
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41. Right to work, to education and to public assistance in certain
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cases.—The State shall, within the limits of its economic capacity and
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development, make effective provision for securing the right to work, to
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education and to public assistance in cases of unemployment, old age, sickness
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and disablement, and in other cases of undeserved want.
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42. Provision for just and humane conditions of work and maternity
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relief.—The State shall make provision for securing just and humane
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conditions of work and for maternity relief.
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43. Living wage, etc., for workers.—The State shall endeavour to
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secure, by suitable legislation or economic organisation or in any other way, to
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all workers, agricultural, industrial or otherwise, work, a living wage,
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conditions of work ensuring a decent standard of life and full enjoyment of
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leisure and social and cultural opportunities and, in particular, the State shal
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l
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endeavour to promote cottage industries on an individual or co-operative basis
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in rural areas.
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43A. Participation of workers in management of industries.—The
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State shall take steps, by suitable legislation or in any other way, to secure t
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he
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participation of workers in the management of undertakings, establishments or
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other organisations engaged in any industry.
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Ninety-seventh Amendment
See the PDF: http://legislative.gov.in/sites/default/files/amend97.pdf
SOR: http://legislative.gov.in/sites/default/files/99%20SOR.pdf
SOR Follows:
STATEMENT OF OBJECTS AND REASONS
The co-operative sector, over the years, has made significant contribution to various
sectors of national economy and has achieved voluminous growth. However, it has shown
weaknesses in safeguarding the interests of the members and fil.!fiIment of objects for which
these institutions were organised. There have been instances where elections have been
postponed indefinitely and nominated office bearers or administrators remaining in-charge
of these institutions for a long time. This reduces the accountability of the management of
co-operative societies to their members. Inadequate professionalism in management in many
of the co-operative institutions has led to poor services and low productivity. Co-operatives
need to run on well established democratic principles and elections held on time and in a free
and fair manner. Therefore, there is a need to initiate fundamental reforms to revitalize these
institutions in order to ensure their contribution in the economic development of the country
and to serve the interests of members and public at large and also to ensure their autonomy,
democratic functioning and professional management.
2. The "co-operative societies" is a subject enumerated in Entry 32 of the State List of
the Seventh Schedule of the Constitution and the State Legislatures have accordingly enacted
legislations on co-operative societies. Within the framework of State Acts, growth of
co-operatives on large scale was envisaged as part of the efforts for securing social and
economic justice and equitable distribution of the fruits of development. It has, however,
been experienced that in spite of considerable expansion of co-operatives, their performance
in qualitative terms has not been up to the desired level. Considering the need for reforms in
the Co-operative Societies Acts of the States, consultations with the State Governments
have been held at several occasions and in the conferences of State Co-operative Ministers.
A strong need has been felt for amending the Constitution so as to keep the co-operatives
free from unnecessary outside interferences
and also to ensure, their autonomous
organisational set up and their democratic functioning.
3. The Central Government is committed to ensure that the co-operative societies in
the country function in a democratic, professional, autonomous and economically sound
manner. With a view to bring the necessary reforms, itis proposed to incorporate a new Part
in the Constitution so- as to provide for certain provisions covering the vital. aspects of
working of co-operative societies like democratic, autonomous and professional functioning.
A new article is also proposed to be inserted in Part IV of the Constitution (Directive Principles
of State Policy) for the States to endeavour to promote voluntary formation, autonomous
functioning, democratic control and professional management of cooperative societies. The
proposed new Part in the Constitution, inter alia, seeks to empower the Parliament in respect
of multi-State co-operative societies and the State Legislatures in case of other co-operative
societies to make appropriate law, laying down the following matters, namely:(a) provisions for incorporation, regulation arid winding up of co-operative
societies based on the principles of democratic member-control, member-economic
participation and autonomous functioning;
(b) specifying the maximum number of directors of a co-operative society to be
not exceeding twenty-one members;
(c) providing for a fixed term offive years from the date of election in respect of
the elected members of the board and its office bearers;
(d) providing for a maximum time limit of six months during which a board of
directors of co-operative
society could be kept under supersession or suspension;
(e) providing for independent professional
audit;
(f) providing for right of information to the members of the co-operative societies;
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(g) empowering the State Governments
and accounts of co-operative societies;
to obtain periodic
reports of activities
(h) providing for the reservation of one seat for the Scheduled Castes or the
Scheduled Tribes and two seats for women on the board of every co-operative society,
which have individuals as members from such categories;
(i) providing for offences relating to co-operative societies and penalties in
respect of such offences.
4. It is expected that these provisions will not only ensure the autonomous and
democratic functioning of co-operatives, but also ensure the accountability of management
to the members and other stakeholders and shall provide for deterrence for violation of the
provisions of the law.
5. The Bill seeks to achieve the above objectives.
NEW DELHI:
The 11thNovember, 2009.
SHARAD PAWAR
2020-01-25 21:51:45 +00:00
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43B. The state shall endeavour to promote voluntary formation, autonomous
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functioning, democratic control and professional management of the co-operative societies
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44. Uniform civil code for the citizens.—The State shall endeavour to
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secure for the citizens a uniform civil code throughout the territory of India.
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45. Provision for early childhood care and education to children
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below the age of six years.—The State shall endeavour to provide early
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childhood care and education for all children until they complete the age of six
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years.
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21
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THE CONSTITUTION OF INDIA
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46. Promotion of educational and economic interests of Scheduled
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Castes, Scheduled Tribes and other weaker sections.—The State shall
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promote with special care the educational and economic interests of the weaker
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sections of the people, and, in particular, of the Scheduled Castes and the
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Scheduled Tribes, and shall protect them from social injustice and all forms of
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exploitation.
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47. Duty of the State to raise the level of nutrition and the standard
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of living and to improve public health.—The State shall regard the raising of
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the level of nutrition and the standard of living of its people and the
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improvement of public health as among its primary duties and, in particular, the
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State shall endeavour to bring about prohibition of the consumption except for
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medicinal purposes of intoxicating drinks and of drugs which are injurious to
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health.
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48. Organisation of agriculture and animal husbandry.—The State
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shall endeavour to organise agriculture and animal husbandry on modern and
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scientific lines and shall, in particular, take steps for preserving and improvi
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ng
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the breeds, and prohibiting the slaughter, of cows and calves and other milch
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and draught cattle.
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48A. Protection and improvement of environment and safeguarding
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of forests and wild life.—The State shall endeavour to protect and improve the
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environment and to safeguard the forests and wild life of the country.
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49. Protection of monuments and places and objects of national
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importance.—It shall be the obligation of the State to protect every monument
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or place or object of artistic or historic interest, declared by or under law ma
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de
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by Parliament to be of national importance, from spoliation, disfigurement,
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destruction, removal, disposal or export, as the case may be.
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50. Separation of judiciary from executive.—The State shall take steps
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to separate the judiciary from the executive in the public services of the State
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51. Promotion of international peace and security.—The State shall
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endeavour to—
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(a) promote international peace and security;
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(b) maintain just and honourable relations between nations;
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(c) foster respect for international law and treaty obligations in the
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dealings of organised peoples with one another; and
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(d) encourage settlement of international disputes by arbitration.
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