HARDIAL Vs. COMMISSIONER, JALANDHAR DIVISION

JUDGEMENT

(1.) THE Preamble of the Constitution of India which was brought into force on January 26, 1950 declares :-

(2.) PART -III contains various provisions relating to individual rights which are enforceable by the Supreme Court under Article 32 and the High Courts under Article 226 of the Constitution of India. Part-IV enumerates the Directive Principles of State Policy which, though not enforceable by a Court of law, are fundamental to the governance of the country and are to be kept in view by the State while framing laws. Part IV-A defines the fundamental duties of the citizens. In a way, what was implicit in the concept of right of one person and corresponding duty of the other has been made explicit in Part IV-A of the Constitution. Article 39(b) lays down that the State shall, in particular, direct its policies towards ensuring that ownership and the control of material resources of the community are so distributed to best subserve the common good. Article 46 imposes a duty on the State to promote with special care, the educational and economic interest of the weaker sections of the people, and, in particular, of the Scheduled Castes and Scheduled Tribes and to protect them from social injustice and all forms of exploitations.

(3.) IT is sad that even after 54 years of coming into force of the Constitution, dis-advantageous and down-trodden groups of people in general and members of Scheduled Castes and Scheduled Tribes and Backward Classes in particular are exploited with impunity by the 'haves' of the society.