Directive Principles Of State Policy Research Articles

Post-Pandemic Challenges of Textile Industry Workers in India: Analysis of Social Security Laws of Select Asian Countries

Abstract The COVID-19 pandemic ensued a challenging period for global health; however, the loss of livelihoods throughout the lockdown also led to a significant economic issue that warranted a reassessment of the existing socio-economic structures. Manufacturing lines were severely impeded, particularly in the Indian textile industry, the second-largest employer and labour-intensive industry. The initial lockdown did not provide manufacturers enough time to prepare for the impending catastrophe, compelling many to shut down their operations. The above circumstances highlighted the lack of resilient social security laws in India. Despite initiatives like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), the Employees’ Provident Fund (EPF) scheme and other initiatives like grain distribution to families below the poverty line, lack of economic security came to the forefront. There is a need to have a competent social security legal framework in India to ensure economic stability for all that would fall in line with the noble ideas of the framers of the Constitution as enshrined in the Directive Principles of State Policy, the guiding light for all state action in India. India has not ratified the International Labour Organizations Social Security (Minimum Standards) Convention of 1952. The focal area of the current research would be to look into the sufficiency of the legal framework (International and National) to protect the economic interests of the workers. The authors examine the following: 1. Examine the Code on Social Security, 2020 passed by the Indian legislature interpreting it in light of the COVID-19 pandemic and its effect on textile manufacturing in India along with other steps initiated by the government for the textile industry. 2. Carry out a comparative analysis of the social security laws of other Asian countries (Bangladesh, Vietnam, and China) to carve out best practices that can be adopted in India. 3. Analyse and contrast the statistical data of the four predominant textile manufacturing and exporting economies on selected parameters.

Human rights-based approach to development in Tanzania: a myth or realisable prospect?

This article through a documentary review delves into the practical aspects impeding the realisation of a human rights-based approach to development in Tanzania and the prospects of realising the same. The article contends that Tanzania fails to convincingly implement a human rights-based approach to development due to the unenforceability of the provisions of the fundamental objectives and directive principles of state policy, limitations of the international human rights framework, the underperformance of its legal machinery, lack of awareness of human rights among development institutions, workers, and citizens, as well as a limited and incompetent international human rights framework to guarantee the realisation of a human rights-based approach to development. Against this backdrop, it is recommended that the Tanzanian state align its legislations with both the letter and spirit of human rights regimes, bolstering the capacity of the judiciary to discharge its adjudication function effectively and fostering awareness of human rights among development practitioners and citizens. We posit that ongoing legal system reforms, the expansion of legal studies opportunities, and the active participation of civil society in Tanzania hold the promise of advancing a human rights-based approach to development. Yet, we underscore the pivotal role of a resolute political will in ensuring the success of these endeavours and their effect on Tanzania's aspiration to achieve a developmental paradigm firmly rooted in human rights principles.

Structure and Functioning of Urban Local Bodies in Infrastructure and its Challenges

India's society is now characterised by widespread urbanisation. Millions of people are moving to cities in search of employment because cities are the main benefactors of globalisation and are growing in population. This shows that Indian cities must act as the engine for the country's economy's structural change. Infrastructure has to be improved and upgraded, which necessitates active cooperation from both the state and federal governments. The 73rd and 74th Amendments to the Constitution, which aim to establish an institutional framework for bringing about grass- roots democracy through the use of genuinely self-governing local bodies in both urban and rural areas of the nation, provide a clear mandate for democratic decentralisation in addition to the directive principle of state policy. The subjects covered in this research study include various urban local bodies, their relevance, their organisation, their tasks and responsibilities, and their problems and difficulties. Urban Local Bodies must deal with issues such financial scarcity, unplanned urbanisation, excessive state government control, and the proliferation of agencies, Low level of People’s Participation in socio-economic development. And how can the financial independence of urban local governments be increased? By incorporating technology, e-governance, financial instruments like municipal bonds, ensuring active citizen participation, and improving grievance redressal mechanisms. Keywords—urban local bodies, municipal corporation, municipal council, municipal bonds

The National Health Policy, 2017: Health Seeker’s Profile and Accrued Benefit Analysis

The landscape of health is fast changing in developing countries. India being a signatory to the Alma Ata Declaration on “Health for All” has transformed the landscape of health in the country through Constitutional guarantees, plans, and policy measures. Constitutional bindings like those like Art 21, 38, 39(A) and the Directive Principles of State Policy have put compulsion on the Government of India to take measures for the universalization of health care and this is one of the ambitious targets of the 12th five-year plan aimed at comprehensive health care security to all. It mandates the country to ensure affordable, accountable, appropriate promotive, preventive, curative, and rehabilitative health care services and equitable access to health care to all citizens of India despite their caste, class, gender, religion, etc. In this context. In 2017, the Government of India introduced its health policy to provide coverage to the entire population of the developing country, i.e., India. It was a welcome initiative on the part of the country. After 6 years, the present article tries to map the health seekers' profile and how far benefits of health reform have been accrued by them. The researchers in this article have employed descriptive design with quantitative methods of data collection in the city of Bhubaneswar. The study concludes that the 2017 Healthcare policy has undoubtedly addressed the discrepancies in healthcare services to the population in terms of gender, age, and economic status, but still finds private healthcare services to cover more commoners and ensure services to them.

Integration of Uniform Civil Code and Personal Law Disputes

ABSTRACT In terms of national religion, India does not adhere to any since it is a secular nation and state. The primary focus of this article is the legal framework surrounding the idea of a uniform civil code. In the first section, "Introduction to the Uniform Civil Code," the term is defined and the history of the law is explained. Regardless of a person's religion, caste, language, or tribe, all Indian citizens shall be subject to the same secular civil laws. All of India's secular civil laws, including those pertaining to contracts, property transfers, and criminal law, are based on a common code. It will also regulate the acquisition and administration of property, as well as the personal laws pertaining to adoption and maintenance, marriage, divorce, and inheritance. Article 44 of the Directive Principle of State Policy (DPSP) in Part IV of the Constitution mandates that the state create a Uniform Civil Code. Regardless of the fact that these principles are not legally binding, they are essential for running the country. One is the requirement that states create a uniform civil code as stated in Article 44 of the constitution. As we move further with the paper's methodology, we'll talk about how the Uniform Civil Code's execution relates to secularism and how the code itself came to be.The country might fall apart, and with it, the peace and harmony that has long existed among its citizens. It goes on to talk about constitutional protections and the Uniform Civil Code. The paper also discusses the Indian judiciary's stance on the Uniform Civil Code and its judgements.

Navigating the Digital Frontier: Safeguarding the Right to Privacy in Cyberspace

The rapid evolution of technology and the pervasive integration of digital platforms into our daily lives have raised crucial concerns regarding the right to privacy in cyberspace. This research paper explores the different dimensions of privacy in the digital realm, focusing on the challenges, legal frameworks, and ethical considerations associated with safeguarding the Fundamental Rights and Directive Principles of State Policy. From a historical perspective to contemporary issues, the paper navigates the evolution of privacy, assessing the impact of technological advancements and the emergence of digital platforms. It critically evaluates international and national legal frameworks, emphasizing the difficulties in enforcing privacy laws across borders. The discussion also encompasses threats to privacy, including data breaches, surveillance, and corporate data collection, along with technological innovations and ethical considerations in response to these challenges. Case studies highlight both the consequences of privacy breaches and successful implementations of protection measures. Looking forward, the paper identifies future trends, challenges, and recommends strategies for enhancing privacy protection. This comprehensive analysis aims to contribute to the ongoing discourse on balancing innovation with the imperative to safeguard the right to privacy in the digital age.

Uniform Civil Code Isn't a Distant Dream

When looking at the Article 44 of the Indian constitution gives us an insight into equality in the aspects related to civil matters. But currently, we are having personal laws in different religions. These laws are usually contradictory to the basic law of the country, we can see this difference when it comes to Hindu and Muslim personal laws concerning marriage, Divorce, Adoption of children, and Maintenance of women after divorce. This article will enhance the understanding as well as the outcome of UCC if brought into force. It will also help us to know whether there is a need to bring this uniformity. If yes how should it be implemented so that it does not violate any Fundamental right that is provided by our constitution? This article will also focus on the statement of not bringing UCC force and also touch upon areas of alternatives. It will also reason why UCC should remain a goal as a Directive principle of state policy and not common law. By understanding both sides of UCC it helps the reader to analyze the benefits of UCC and the need for UCC for a better India

Awareness And Utilization of Esi Benefits Among Employee

Awareness And Utilization of Esi Benefits Among Employee

Constitutional and Judicial Interpretation of Environmental Laws in Nigeria, India and Canada

The judiciary, an important branch of government responsible for legal interpretation, dispute resolution, and justice administration, holds a crucial role in national environmental protection. Courts play a key role in safeguarding a nation's environment by interpreting constitutional provisions related to environmental protection and other legislative frameworks. The effectiveness of a country's environmental protection is contingent on the assertiveness, creativity, and innovation of its judiciary in interpreting laws, policies, and regulations designed for environmental preservation. The widely held belief is that the judiciary, more than any other institution, is best positioned to adjudicate, inform, guide, and lead in environmental protection. A proactive, inventive, and inspirational judiciary motivates the executive and legislative branches to implement pertinent environmental laws, policies, and regulations. This study utilizes a doctrinal research methodology to comprehensively review and compare the environmental protection frameworks in Nigeria, India, and Canada. The focus is on constitutional provisions related to environmental protection and judicial interpretations, particularly in the context of Environmental Impact Assessment (EIA) laws. While explicit constitutional provisions on environmental protection are absent in Canada, India, and Nigeria, the courts in India and Canada have demonstrated creative interpretation of their constitutions to safeguard the environment. Notably, in India, environmental protection falls under the non-adjudicable Directive Principles of State Policy (DPSP).

Indian Constitutional Provisions on School Education

The present articles deals with Indian Constitutional Provisions On School Education. The Constitution makes the following provisions under Article 45 of the Directive Principles of State Policy that, “The state shall endeavour to provide within a period of ten years from the commencement of this Constitution, for free and compulsory Education for all children until they complete the age of fourteen years.” The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.

Equity and Inclusion in Indian Education: Constitutional Principles and NEP 2020 Approaches

The education system in India is guided by a robust set of constitutional provisions that emphasize equitable and inclusive education. The Preamble of the Constitution highlights the importance of education without discrimination, while the Fundamental Rights ensure equal access and empowerment of marginalized communities. The Directive Principles of State Policy emphasize free and compulsory education, and specific provisions safeguard the interests of the country’s citizens, especially of weaker sections and minorities. The National Education Policy (NEP) 2020 builds upon this constitutional framework and aims to transform the education system, address disparities, and promote inclusivity. NEP 2020 focuses on equitable and inclusive education, strategies to bridge gaps and improve access for underrepresented groups, such as marginalized communities and children with disabilities. It also recognizes the significance of girls` education, alternative forms of schools, and promoting education for Scheduled Castes and Scheduled Tribes. NEP 2020 aligns with the constitutional provisions and is complemented by the Right to Education Act (RTE) 2009. However, challenges in implementation, such as resource allocation and ensuring equitable distribution, need to be addressed. The constitutional framework and NEP 2020 provide a solid foundation for promoting equitable and inclusive education in India, reflecting the nation`s commitment to social development and inclusive growth. This review-based paper follows the Systematic Literature Review (SLR) method to highlight the significant constitutional provisions with respect to education theories learned in this course on Contemporary Themes in Education Policy and to provide an analysis of the “National Education Policy 2020” text. This paper shows insight into the national educational policy by keeping articles of the Indian Constitution in mind. This will benefit the policymakers to look into the loopholes in the document and the areas to work on.

Constitutional Design of State Policy as Guidelines on Indonesia’s Presidential System Development Plan

After the 1945 Constitution amendment, there is a need to improve and rearrange Indonesia’s state administration system. That the State Policy Guidelines (GBHN), as a product of the People’s Consultative Assembly (MPR) Decree, is annulled has the national development planning and process lost their direction and had unclear goals. Therefore, this research elaborated further on the necessity of realizing state policy’s main points as guidance for development planning and offering ideas for the format of the presidential system design regulation following the Indonesia’s post-reform constitution. This conceptual research used a comparative constitutional approach to find an appropriate and applicable model in Indonesia context. The existing models were explored, mapped, and formulated for the most feasible model suitable for Indonesia. This study found the need for the 1945 Constitution amendment agenda to accommodate state direction as the Directive Principles of State Policy (DPSP) concept in the 1945 Constitution of Republic of Indonesia, and for President and the Constitutional Court to support the accountability and enforcement of state laws in governmental administration.

Breathing Life into the Constitution: the Transformative Role of Courts to Give a Unique Identity to a Constitution

This paper reflects on the transformative role of courts to direct and change the pathway of the countries in which they serve. The paper commences with a brief discussion of what is meant by transformative constitutionalism. It takes issue with the proposition that newly created courts under post 1990-constitutions are more prone to constitutional transformation than courts under older constitutions. It shows how there have been examples where courts have transformed their societies throughout the history of courts. It also points out that courts must, regardless of their transformative role, demonstrate respect for the separation of powers since all organs of government must work together to effectively transform society. The paper then focuses on 4 case studies where courts have radically transformed their society, namely Germany through the use of Bundestreue to give content to the federal system; India where Directive Principles of state policy are used to give content to human rights; Australia where the Aboriginal native title had been recognised after 200 years of denial; and South Africa where Ubuntu is used as a life-giving word to effect social justice. The proposition put is that the transformative ability of a constitution and the judiciary serving under that constitution is not determined by the age of the constitution, but by the ability of its justices to determine disputes on the facts, in accordance with the law, and in reflection of the realities of the society in which they reside. The fault lines of society often rapture in litigation, and that is when and where judges may direct a nation into a new direction.

The Right to Food: Trends and Comparative Analysis of Legal Frameworks in Italy, Brazil and the United States

Abstract This article performs a comparative assessment of the right to food (RtF) as a living right that must be continuously implemented in the constitutions, in legislative acts and in all the acts that derive from them. In particular, I applied, to the present study, the comparative methodology of constitutional law of the “most different cases” to select the comparable cases. The recognition of the RtF is present in numerous national constitutions. There are three possible categories: a) explicit recognition, as a human right in itself or as part of another, broader human right; b) recognition as a directive principle of state policy; and c) implicit recognition, through broad interpretation of other human rights. It was carried out a comparative analysis of the Italian legislation with the U.S. and Brazil legal framework at international, constitutional and national level to see the different methodology, with an explicit or implicit reference in Constitution which it represents a first step to realize the RtF in the countries, but it does not represent an exhaustive and definitive solution.

Indian Legal Framework on the Right to Privacy in Cyberspace-Issues and Challenges

Right to privacy is nowhere cited in the Constitution of India in any specific and express words. However, this right is culled from Article 21 read with Directive Principle of State Policy by the judiciary. It is to be noted that like other fundamental rights, right to privacy is not an absolute right. Privacy is not just confined to some specific place or domain. But recent developments in technology and internet usage has rapidly exposed privacy to potential threats. On the one hand, technology has provided endless possibility to human beings of development but on the other hand, it has posed numerous challenges in front of us. Unreasonable interference upon person’s domain, disclosure of personal information, misappropriation of some one’s identity, hacking, digital stalking etc. will lead to violation of privacy. The present paper discusses the relationship between privacy and the increasing usage of technology. In this regard, protection provided by Indian laws as well as international instruments will be discussed to protect privacy right in digital world. After discussing issues and challenges, viable solutions will be discussed at the end of the article.

Role of Local Authorities in Development of Primary Schools

Education is considered as a basic human right in modern society as education makes people responsible citizens imbibed with knowledge, awareness and wisdom. This has been adhered by international organisations like the UN which declared the famous universal declaration of human rights in the year 1948 made education as a basic human right. Education has been given prime importance in India since independence. The 4th Chapter of the Constitution of India depicts the Directive Principles of State Policy include directions to the government on significant areas for the development of the nation. It is constitutionally mandated in India that governments shall provide compulsory and free of cost education to children up to the age of 14 years. It articulates the importance of education given by the makers of the Indian Constitution. The formal education process of an individual starts with primary education as it aims to develop the social, cognitive, cultural, emotional and physical skills of children and enable them to build their basic qualities for a prospective life. Right to Education Act 2010 made education a major responsibility of the local self-government institutions as India has adopted a strong local administrative system through the 73rd and 74th Constitutional Amendment Acts. This paper is an attempt to introduce the overall view of the role of local authorities in the development of Primary Schools.

Exploring the Operational Framework of Child Welfare in Haryana - Issues and Challenges

The concept of Child Welfare deals with the services and the institutions catering physical, social and psychological cover to the child (in need of care and protection), one of the most vulnerable section of society, facing various sufferings due to numerous reasons such as lack of parental care and supervision, poor financial resources and inadequate provision for education although the scope of child welfare is growing wider in developed nations. India is the world’s second most populous country and the share of the child population to that of the total is quite a big number. In India, every child has a right to lead a life with dignity. Moreover, the Constitution of India guarantees fundamental rights to every child implemented through directive principles of state policy. India has a comprehensive legal regime and policy framework to protect the rights and interests of the children, however, greater momentum is required for the effective implementation of these policies and programmes for the well-being of the children by improving their education and nutrition. Already a lot of work has been done by community partners, however, the results are not convincing. The present study is aimed to examine the functioning of the child welfare mechanism and its impact on beneficiaries especially focussed in the Haryana State.

Analysis of Articles 48A & 51-A (g) of the Constitution of India

The research paper discussed the provision of Art. 48A & Art. 51-A (g) of our Constitution and tries to outline the importance of these Articles and their role in developing the environmental jurisprudence in India. The research paper also talks about 42nd Amendment 1976 which inserted Art. 48A and Art.51(g) in the Constitution. The importance of these two Articles lies in the fact that the Constitution of India speaks directly to protect and preserve our environment and the citizen must protect the environment to make the whole country a suitable place to live in. The paper also tries to discuss some of the case laws which is related to environmental law and Art.48A & Art.51 (g). In a nutshell, it can be said that the research paper discusses Art. 48(A) Directive Principles of State Policy, Art. 51A(g) Fundamental Duties, out of the various Fundamental Duties mentioned in Art.51A, Art.51A(g) is very important in terms of environmental law since it says that Indian citizens must protect it's surrounding and environment and it also discusses the 42nd Amendment, 1976. The research paper concludes that the 42nd Constitutional Amendment Act, of 1976 was essential for developing environmental laws in India and protecting the country from the environmental hazards caused due to land pollution, water pollution, and air pollution. The research paper also finds that it is not only the duty of the government to take care of the natural surroundings and environment but the citizen of the country is also responsible for the protection of its surroundings and environment. The research paper followed the doctrinal method of research to find its conclusion.

MOOC in India: Pros and Cons

Education is a powerful instrument in one's life. It is beneficial for individuals as well as for the whole society as the civilized human being . The future of an individual and also of a nation is built on the basis of education. Education is a powerful tool to combat various issues and adversities. India is a country where the right to quality education is firmly rooted in the Indian constitution . previously this right i.e. right to education is covered under Article 21 of the Indian Constitution through judicial judgements like Mohini Jain case, Unni Krishna case. The Directive Principles of State Policy through Article 45 and Article 51A (k) under fundamental duties cover the right to education act. The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards. In Right to Education, Department of School Education and Literacy, dsel.education government.in)

Safeguarding Prisoners' Rights in India: Constitutional Perspective

There are certain inalienable rights which are inherited to the human beings since birth no matter in which country he/she takes birth. These inalienable rights are regarded as the basic human rights of the human beings which include the right to food, shelter, water, defense and protection from torture, violence and so on. In India, these basic human rights are granted to the citizens of the nation in the form of Fundamental Rights and the Directive Principles of State Policy as provided under Part III and Part IV. There are three pillars on which the criminal justice system stands upright- the judiciary, police and the prison population. The paper focuses on the basic human rights of the prisoners, how their rights are abused as well as the remedies provided to them for the violation of their inalienable rights. Both in India and at the global level, protections are provided to the rights of the prisoners and it is ensured that no matter what crime they did, just and humane treatment and certain other human rights must never be taken away from them. Although the prisoners are unwanted elements of the society, yet the protection of their basic human rights is a constitutional duty. Safe environment and way of living is what every human being has a right to have.