ANIL SABHARWAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) FIFTY years ago, the Constituent Assembly was entrusted with the task of framing the Constitution for independent India. Eminent people from different walks of life, who met under the Chairmanship of Dr. B. R. Ambedkar, debated for over two years, examined and analysed the constitutions of almost all the countries of the world and prepared the document which is known as "the Constitution of India". The Constituent Assembly adopted the Constitution on 26th day of November, 1949 and the India which became free from the imperial rule on 15th day of August, 1947 was declared to be a Republic on 26. 1. 1950 with the enforcement of the Constitution. The Preamble to the Constitution pronounces: "we, the people of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens : JUSTICE, social, economic and political; LIBERTY of thought, expression belief, faith and worship ; EQUALITY of status and of opportunity and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation. " The word "socialist" was introduced in the Constitution by the Constitution (Forty-Second Amendment) Act, 1976. Though each of XXII Parts of the Constitution has its own significance, the common man is by and large concerned with Parts III, IV and IV-A, the last having been added by the Forty-second Amendment Act, 1976. Part-Ill of the Constitution contains various provisions relating to the fundamental rights of the citizens and the individual. It also contains several prohibitive injunctions. The provisions of Part-IV contain directive principles of State policy which are fundamental for the governance of the country. The State has been obligated to enact laws for improving the lot of the weaker sections of the society and the rural population. Part IV-A enumerates the fundamental duties of every citizen of India. In the words of K. K. Mathew, J. (Keshavananda Bharti v. State of Kerala, AIR 1973 SC 1461) : ". . . The object of the people in establishing the Constitution was to promote justice, social and economic liberty and equality. The modus operandi to achieve these objective is set out in Parts III and IV of the Constitution. . . . . . . As I look at the provisions of Parts III and IV, I feel no doubt, that the basic object of conferring freedoms on individuals is the ultimate achievement of the ideals set out in Part IV. . . . . . . May I say that the directive principles of State Policy should not be permitted to become' a mere rope of sand'. If the State fails to create conditions in which the fundamental freedoms can be enjoyed by all, the freedom of the few will be at the mercy of the many and then all freedoms will vanish. " The addition of Part IV-A emphasizes the need of the day, namely, that every citizen must do his duty towards the nation as well as the fellow citizens because unless every one does his duty, the ideals of justice and equality can never be achieved. Article 51-A enjoins upon every citizen to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;, to cherish and follow the noble ideals which inspired our national struggle for freedom; to uphold and protect the sovereignty, unity and integrity of India. . . . . to value and preserve the rich heritage of our composite culture;. . . . . to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement. What has been incorporated in the form of Part IV-A was implicit in the Preamble, Part III and Part-IV of the Constitution because fundamental rights of the citizens could become meaningful only if the State and other citizens would do their duty to bring about real equality between the people belonging to different segments of the Indian Society.

(2.) THE framers of the Constitution and the representative of the people who were responsible for introducing Part IV-A enacted the above provisions with a fond hope that every citizen will honestly play his role in building of a homogeneous society in which every Indian will be able to live with dignity without having to bother about the basics, like food, clothing, shelter, education, medical aid and the nation will constantly march forward and will take its place of pride in the comity of nations. However, what has happened during the last few decades is sufficient to shatter those hopes. The gap between 'haves' and 'haves not' of the society which existed even in pre-independent India has widened to such an extent that bridging it appears to be an impossibility. A new creed of people (haves) has come into existence. Those belonging to this category have developed a new value system which is totally incompatible with the values and ideals cherished by the Indian society for centuries together. They have grabbed power, political and a political and have successfully used the public institutions to subserve their ends. The system of quotas, licences, permits etc. has been used and misused by them for increasing their material wealth. Their actions have created an atmosphere of diffidence in all walks of life.

(3.) IN Common Cause: A Registered Society v. Union of India and Ors. , JT 1996 (8) SC 613, the Apex Court entertained a petition filed in public interest questioning the allotment of Petrol Pumps/retail outlets by the then Minister for Petroleum and Natural Gases exercising the powers of the Central Government and quashed the allotment made in favour of fifteen persons. While doing so, the Apex court observed: