Can Education & Earning Opportunities urged
1.The Preamble of our Constitution guaranteed JUSTICE , Social , economic and politics but the Rulers in the Country exercised their right acquiring estates , managements and corporations of the Citizen under article 31 A , since 1951 Lands &Landed properties of rich under article 39 –b & c for equalizing land holdings and to help the poor with sustained Cultivation and Agricultural produces AND ON THE OTHER HAND did not care to provide the education and earning opportunities directed in the Constitution to lead life under the Constitutional guarantee .
On Citizen protest , the S.C. ordered that “ the Preamble of the Constitution promises and the directive principles are mandate to the State to eradicate poverty so that the poor of this country can ENJOY THE RIGHT TO LIFE GUARANTEED UNDER THE CONSTITUTION “ [ AIR 1992 SC 1858 ].
But the S.C. did not direct and the Government did not amend the article 37 and resultantly the provisions of education and social status of article 15 [4] and 46 were not carried since after 1995 too to poor and general public though the S.C. in several cases defined that these are Fundamental under article 21 & 14 . THIS IS INJUSTICE AND AGEINST THE GUARANTEE CONTEMPLATED IN THE PREAMBLE .
AIR 1978 SC – 1461 the court observed that “ Fundamental Rights and Directive Principles are meant to supplement one another . It can well be said that the directive principles prescribed the goal to be attained and the fundamental rights lay down the means by which that goal is to be achieved .“ ]
AIR 1986 SC – 847 : The court said that ‘ It is thus well established by the decisions of this Court that the provisions of Parts III and IV are supplementary and complementary to each other and that fundamental rights are but a means to achieve the goal indicated in part IV . It also held that the fundamental rights must be construed in the light of the directive principles “
[{1993} 1 – SCC 645 also confirms the same and added “ A restriction which promotes any objective embodied in the directive Principles is usually considered reasonable in courts of Law “ ]
[ AIR 1983 SC -98 defines “ While Part III contains negative injunctions to the State not to do various things . Part IV contains positive commands to the State to promote what may be called a social and welfare State . “ ]
[ AIR 1983 SC – 624 declared that “ the Courts have the responsibility to interpret the provisions of the Constitution in such a way so as to ensure the implementations of the directive Principles and to harmonize the social objectives underlying the directives with the individual rights. This is the mandate of the Constitution not to the Legislature and the Executive only , but to the Courts as well . }
[ { 1996} 3 SCC – 212 the court said “ If the court finds that the Government or authorities concerned have not taken the action required of them by law and this has resulted in violation of the right to life of the citizens, it will be the duty of the Court to intervene . ]
[ AIR 1983 SC – 339 declared that “ No State had the right to tell its citizens that because a large number of cases of the rich are pending in our courts we will not help the poor to come to the courts for seeking justice until the staggering load of cases of people who can afford rich lawyers is disposed off “ ]
2. The Governments did not implement the Article 45 which was purposed for free and compulsory education for all children until they complete the age of 14 years . This has resulted in multiplied poverty and indeed Majority of Children in general were deprived of their right of education .
This also had worsened their Life and life-lead in the Majority Families . The Statistics of Children below 14 age and the Government Elementary Schools / free education prove the immoral loss to the Children in India amidst the additional 4 articles specified the importance of education . THIS IS THE GROSS INJUSTICE IN THE NATION IF ARTICLE 51 A which was adopted in 1977 after second fight against government for the rights of suppressed Citizen .
This Article had to be given weight through AIR 1992 SC 1926 emphacising Children education , hygiene and reasonable brought-up so they take deep roots at maturity ; BUT STILL THE INJUSTICE HAS BEEN CARRIED WILFULLY CHALLENGING THE CONSTITUTIONAL IMPORTANCE IN THE RULE .
Elementary Education is only the essential provision to Live working even as an unskilled labour defending from misuse through various means and is the bare minimum under the mandate of Life in article 21 . Neglect of Rule for this fundamental provision is not only anti national but also a SIN .
3. The Ruling Executive neglecting their responsibility even from 1995 under article 41 , 15[4], and 46 privatized the Education without mandating Fee at par with Government Schools resulted in acute poverty in the general public besides long carried illiteracy in majority of Rural India . Education in Intermediate and Graduation is only factor for Earning Capabilities to lead their Families under article 21 without which the Country too cannot sustain Stable Economy. THIS IS AN ADDED AND SECOND INJUSTICE and against to objective of the Constitution defined by S.C. too .
“ National interest would suffer if qualified and competent students were excluded from admission in institutions of higher education .”
“ The qualifications prescribed may , beside mental excellence , include physical fitness, sense of discipline , moral integrity, loyalty to the State “ needs Education upto Graduation .
“ Merit consists of a high degree of intelligence coupled with a keen and incisive mind, sound knowledge of the basic subjects and infinite capacity for hard work and also calls for a sense of social commitment and dedication to the cause of the poor “ [ { 1984 } 3 SCC 654 ] .
These 3 quotations supports the need of Free and Aided Education to those Educationally and Economically poor which now score beyond 46% [ may be ].
4. The Rule in the first 4 decades ended with serious challenges to the society and Social Justice in the Families in the Country amidst the Polygamy , Religious conversion other than at the Religious Belief for Pray , follow and practice thus by crossing the ethics and concept of article 25 .
The neglected implementation of article 44 for rendering Uniform Civil Laws at the concept of Equal application of Law under article 14 for carrying JUSTICE in the and to the Society under the guaranteed provision of the Preamble , was finally confined by the S.C. and the then Executive of 1995 was directed to work for implementation of article 44 , the Uniform Civil Code explaining its deep concern and losses, injustice , insecurity sustained by several Women and Children of India . [ { 1995 } 3 SCC – 635 ] . The situations of deprived Children under the circumstances fall in article 44 have been deprived off Education and Earning for livelihood .
But, the continued Rulers of the Country did not care even their fundamental duty of extending the guarantee of the Preamble for Social Justice . THIS IS THE 4th INJUSTICE TO THE CITIZEN OF INDIA PARTICULARLY THE WOMEN AND CHILDREN amidst specially provided additional articles like 41 etc., and various Supreme Court Judgments enlightening mandatory concept of Directive Principles of State Policy read with guarantee resolved in the Preamble .
5. Our Constituent Assembly recognized India as an Agricultural based Territory having majority of uneducated Citizen and guarded under article 48 with different directions including maintenance of Water and Drainage , Cows and Calves restricting the use of Alcoholic Liquors that are harmful for the health and strengths of the people in general . The Ministry of Animal Husbandry also could not make provisions suitable to the cultivating owners .
Our Article 39 –b & c ; read with article 31 A provided the means to strength the Agricultural Activity and help this majority people sustain living capabilities with sufficient land and the Governments which had limited the abnormal Lands beyond reasonable requirement in general through various Land Ceiling Acts both Rural and Urban but , could not fulfil the objective of these Acts amidst dishonest individuals those stopped disclosure of Excessive Lands HELD OVER THE CEILING LIMITS . The Governments failed in conducting Resurvey and Settlement of these lands as well as the grabbed and unlawfully acquired lands even after 2011 . This has resulted in creased poverty among the majority of the people those are striving and even starving while there have been large extents of lands held in lakhs of acres depriving the legitimate rights of innocent public . THIS IS ALSO ANOTHER INJUSTICE TO THE GENERAL PUBLIC OF THE NATION KNOWINGLY NEGLECTED AND IS IN DEED SELFISH AND ANTI NATIONAL TOO .
In this connection , it is necessary for the National Authorities of Environment and Greenery to think , discuss and conclude the supporting issues for increasing the Agricultural areas with extended and interconnected Rivers & Reservoirs , Streams ; as well as increase of Industrial areas particularly Power Generating Projects , Fertilizers and Pesticides FOR THE REQUISITE AGRICULTURAL NEEDS IN TERMS OF THE INCREASE IN THE POPULATION with advanced forethought . It is true that Agriculturists have been continuously suffering both with lack of waters as well as Floods that could have been redressed with interconnections , new formations at best and could have definitely be away from these obstacles .
6. The Preamble guarantee of JUSTICE , Social & education besides article 14 for Equality before law or the equal protection of the laws , 15 {4} for advancement of socially and educationally backward classes of citizens or for SC/ST , 41 for securing right to work , education and public assistance in case of unemployment , 45 for free and compulsory education upto 14 years of age , 46 for special care on the educational and economic interests of weaker sections of the people particularly SC/ST from social injustice , 51 {e} the dignity of women [f] preserve rich heritage of our composite culture , {h} humanism [j] higher levels of endeavour and achievement .
In this connection , a responsible reference is that “ Article 51- A envisages some of the basic duties which the budding students need to be inculcated and imbibed . They should be sowed in the respective minds in their formation periods so that they take deep roots at maturity AIR 1992 SC 1926 .
Thus , 2 + 4 = 6 Articles of the constitution were addressed with the importance of Women and Children for their growing age till maturity of mind with the requisite needs of Justice in the Society , Education and Economic capabilities in Life and to Live with the basic provisions of article 21 and 14 , the right to Life and Equality and Equal Opportunity .
There were many Supreme Court Judgments and Directions in 1970s & 80s where the Judges specified the fundamental concept of the preamble and the Directive Principles of Rule making both mandatory under the Constitution and more acutely directed the then Governments in 1992-93 on unjustified carry of Reservations on Caste Base depriving the poorest of the poor and that this injustice is to be eradicated applying a Creamy layer while the Indian Executive set aside even the Expert Body Report of Justice Ram Nandan of March 93 which has resulted in untalented Teaching Staff in Schools and some Colleges which has been compelling the Citizen to fall in the clutches of Money Lenders and Monopoly of Private Educational Institutions . This Ruling Executive in 1995 set aside the Directions of Supreme Court for working out the implementation of Uniform Civil Code at the interest of the Women and Children in India where by the Family set-up of India getting Challenged for its Safe, Secured carry of morality and Justice .
THESE FUNDAMENTAL LY ESSENTIAL NEEDS OF INDIAN CITIZEN WERE SO IGNORED INSPITE OF SEVERAL PROTESTS AND CASES URGED IN S.C. during 70s and 80s . A part of the Order of 1987 -4-SCC 609 Supreme Court stands cognizant :
“ {5} The Supreme Court has no time to decide cases pending before it for the last 10 to 15 years , with the present strength of Judges and will take more than 15 years to dispose of pending cases . “
The multiplied cases pending as at 2014 i.e., after the further period of 27 years from the above S.C. Directions , OBVIOUSLY PROVE THE UNDEMOCRATIC POLICY AND SELFISH OBJECTIVES OF THE RULING POLITICAL PARTIES and there is absolute need for the Marshals’ Rule for a Ten years Term to implement the Constitutional Provisions to the People of India . [ The Central Government’ s using Article 249 also limits operation of their order for an year which needs to be extended for an another year AND IS NOT FULLY FRUITFUL UNDETR THE PRESENT POLITICAL FARE IN THE COUNTRY . ] more
There is need to at least help Indian Children Education as also confined and deliberated by the honourable President of India in 2013 in his Independence day speech specifically mentioning the Elementary , Intermediate and , University Education . more