Dr Subhash C Kashyap
Expert, Constitution of India
Expert, Constitution of India
Jun 04, 2012 | Closed
Discuss the Constitution of India with IBNLive: Directive Principles of State Policy
Dr Subhash C Kashyap will discuss the various aspects of the Indian Constitution. Read the relevant part here and post your questions related to Directive Principles of State Policy (Part-IV).
- Can you clarify the grounds on which High Court of AP struck down Muslim sub quota? I am confused because there is reservation provided for Hindu, Budhists and Sikh dalits then why not Muslim Dalits? Asked by: Abhinav
- The job of the court is to interpret the provisions of the constitution to adjudicate a dispute or petition before it. ArticleS 15 and 16 are based on the principle of non-discrimination on grounds of religion, caste, creed, gender etc. However, the provisos allow especial provisions being made for socially and educationaly and other backward sections of society, including some reservations. The question to be decided in the light of the supreme court decision in the sawhney case is whether a reservation is being made solely on the ground of religion, caste etc or it is only one of the grounds. Islam doesnot recognise existence of any dalit class within its fold. It is based on the fundamental principles of brotherhood.
- Sir, having a Uniform Civil Code, doesn't that violate the right of a community to safeguard it's culture, language, traditions, religion, etc.? Asked by: Mohit Jindal
- The constitution doesnot allow resevations solely on the ground of caste or religion. It provides for reservation for the SC/ST and especial provisions can be made for socially and educationally backward sections of the society. The constitution guarantees religious freedom and rights for the protection of cultural, linguistic and other rights of different communities but as citizens all are equal. The constitution makers were anxious to build a united nation on the basis of equal rights and non-discrimination for all.
- if there is one thing which you would not like to change about our constitution, what would that be and why ? Asked by: Pankaj Sharma
- I would certainly like that the basic philosophy and objectives of the constitution as contained in the preamble, fundamental rights, DPSP and fundamental duties of citizens remain intact.
- The Indian Constitution as I understand borrows the most from the Irish Constitution where the role of President is well defined.In fact in India as well Setalwad conceded that Prsident has certain independent powers in his book which ran contary to his views at teh time of Prasad-Nehru debate.Patanjali Shastri had supported Prasad then.What is the current position? Asked by: Ashok
- So far as the Irish constitution is concerned we only borrowed the idea of having DPSP. So far as the postion of President vis a vis the counil of ministers is concerned, the debate is still on and relevant. Pls see the special issue of South Asia Politics.
- Why is aPtanjali Shastri's view on powers of Prsident never mentioned while Stalwad and Alladi views are frequently cited? Asked by: Ashok
- Different views in regard to President's position and powers under the constitution have been mentioned and debated right from the times of Prasad & Nehru. When references were made to AG Setalvad by the then President and PM, he is known to have given to very different opinions both of which are on record. For details kindly see the special issue (June 2012)of South Asia Politics on Presidential election.
- India being one of the most diverse countries of the world, do we really have to aim for a UCC? Don't you think that violates a community's right to safeguard it's own culture and traditions? Asked by: Mohit Jindal
- Infact, we have a common civil procedure code and criminal procedure code(IPC and CrPC). There are also other laws which apply uniformly to all citizens. It is only in matters of marriage, divorce, succession etc that personal laws of different communities prevail. Even in these matters, there is atleast one state namely Goa where a uniform civil code works wonderfully well. The Directive Principles would like the state to work for a uniform civil code in all matters in keeping with the principle of equality before law and equal protection of laws for all citizens. However, necessary reforms in that direction should come from within the communities concerned and should be based on grounds of gender justice and equality.
- Which book would you suggest for a lay person to have a brief knowledge on the constitution of INDIA. Asked by: sundar1950in
- A delicate question for me to answer. But I can only refer to the National Book Trust publication titled 'our constitution-an introiduction to India's constitution & constitutional law'. It is low priced paper back.
- can investigating agencies use information from CAG reports to press charges against those who have violated law while managing public finance? Asked by: vishal
- Yes, of course, they can use all the reports and information that comes before them. But the job of the investigating agencies is to investigate and find out the veracity of points refered to them. If some allegations or conclusions are before them, it is there job to enquire and report on them.
- With the neoliberal approach by Indian government, do you identify any of the provisions of DPSP irrelevant? At the same time, do you feel that liberal approach necesitates some more safegaurds for common man in DPSP, if so, please suggest. Asked by: Raghu
- I think the provisions of DPSP remain as relevant today as they were ever before. Actually in view of the new economic and other policies the guidelines for good goverance under the DPSP seem to be more necessary. New liberal policies do not mean that we cease to be committed to the welfare of the people or for bringing about social political and economic justice to all which was the basic purpose of the DPSP. What needs to be done is for the state to periodically present before the people a reportcard on what they have done to implement the constitutional directives under DPSP.
- The preamble begins with "We the people give to ourselves....." When we the people did play no part in selection of the representative democracy nor did they people approve this constitution by a vote of referendum .So how legitimate is it?Want an honest answer Asked by: DrSrinivasan Goplarao
- The constitutent assembly was not directly elected by the people through universal adult franchise. But it cannot be said that the members didnot represent the public opinion of the times. This was proved by the fact that most of them got elected to successive lok sabhas. The lok sabhas elected by adult franchise also accepted the constitution. Infact parliament had the power to amend the constitution and right from the days of the provisional parliament the constitution has been amended from time to time under the provisions of the constitution itself.
- DPSP has been catgorical in stating that we need to reduce economic and also inequalities in status and opportunities. But does the frequent harp of reservations help in improving the inequalities ? Asked by: EMathew
- The policy of reservation was intended to bring the backward and deprived sections of our people to a level playing field through affirmative action. Unfortunately, the policy has given place to vote bank politics whereunder political parties have developed the vested interests in keeping them backward & separate. It is important to help the backwards to progress and develop so that the crutches can be discarded at the earliest.
- Would you agree that securing justice for all is just a phrase? Reasons being long trials and delayed convictions. Your thoughts. Asked by: EMathew
- Art 14 of the constitution provides for equality before law and equal protection of laws. The courts are supposed to do justice in all cases that come before them. It is however a fact that justice delivery system in our country is very faulty. It is expensive and suffers from intolerable delays. Judicial reforms are a categorical imperative so that the poor and the disadvantaged can hope to get the same judicial relief as the more well to do and powerful.
- Why does the Constitution of India allows an article like 370 to exist and doesn’t allow a uniform civil code for all religion? Asked by: Manish Sharma
- Art 370 of the constitution is the basis of the link between the state of J&K and Union of India. The accession of the state to the Union was initially only for 3 subjects. Subsequent relationship under the constitution was to be only under article 370. J&K also is one state which has a separate state constitution. As for Uniform civil code we have a common IPC, CrPC and other laws. But in the matter of personal laws some communities are allowed to have their own laws for marriage, divorce, succession etc. The Directive Principles provide for working towards a uniform civil code. Despite the SC observations, unfortunately it has not been possible to do so.
More chats with:Dr Subhash C Kashyap
Expert, Constitution of India