THE CONSTITUTION OF INDIA. India

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СКАЧАТЬ systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c),

      be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.

      34. Restriction on rights conferred by this Part while martial law is in force in any area

      Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.

      35. Legislation to give effect to the provisions of this Part

      Notwithstanding anything in this Constitution,—

      (a) Parliament shall have, and the Legislature of a State shall not have, power to make laws—

      (b) any law in force immediately before the commencement of this Constitution in the territory of India with respect to any of the matters referred to in sub-clause (i) of clause (a) or providing for punishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.

      Explanation. — In this article, the expression "law in force'' has the same meaning as in article 372.

      PART IV

      DIRECTIVE PRINCIPLES OF STATE POLICY

      36. Definition

      In this Part, unless the context otherwise requires, "the State" has the same meaning as in Part III.

      37. Application of the principles contained in this Part

      The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

      38. State to secure a social order for the promotion of welfare of the people

      (1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.

      (2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.

      39. Certain principles of policy to be followed by the State

      The State shall, in particular, direct its policy towards securing—

      (a) that the citizens, men and women equally, have the right to an adequate means of livelihood;

      (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;

      (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;

      (d) that there is equal pay for equal work for both men and women;

      (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;

      (f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

      39A. Equal justice and free legal aid

      The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

      40. Organisation of village panchayats

      The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

      41. Right to work, to education and to public assistance in certain cases

      The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

      42. Provision for just and humane conditions of work and maternity relief

      The State shall make provision for securing just and humane conditions of work and for maternity relief.

      43. Living wage, etc., for workers

      The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.

      43A. Participation of workers in management of industries

      The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.

      44. Uniform civil code for the citizens

      The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

      45. Provision for early childhood care and education to children below the age of six years

      The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.

      46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections

      The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

      47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health

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