পৃষ্ঠা:জেবিয়ান ১৯৫৮.djvu/১৩২

ৱিকিউৎসৰ পৰা
এই পৃষ্ঠাটোৰ মুদ্ৰণ সংশোধন কৰা হৈছে
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J. B. COLLEGE MAGAZINE

 But the mere enumeration of Fundamental Rights in the Constitution does not guarantee their enjoyment. Britain has no written Constitution but fundamental rights are quite safe there. The fundamental rights emu- merated in our Constitution are justiciable. The fundamental rights gua- ranteed by our constitution are — (a) Right to Equality, (b) Right to freedom of Religion, (c) Cultural and Educational Rights, (d) Right to Property and (e) Right to Constitutional remedies.

 In part IV of the constitution 14 articles are devoted to formulate the Directive Principles of State Policy. The Directive Principles of State Policy' is a novel feature of our Constitution. Such principles are to be found in Irish and Spanish Constitutions.

 The difference between the Fundamental Rights and the Directive Principles is that the former are justiciable the latter are not. A citizen cannot seek the protection of Courts if the State fails to implement the Directive Principles. These principles are in the nature of directions, instructions and recommendations to the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. They are like moral precepts which the autho- rities in India are expected to follow. Some of the Directive Principles are adequate means of livelihood, to guard against concentration of wealth, equal pay for equal work, protection of the health of workers, women and children, organisation of Village Panchayats, rights to work and education, humane conditions of work, living wages for workers etc..

 It is a Federal Constitution :- The new constitution of India is federal in character. Federal Government is 'a system of central and local governments combined under a common sovereignty, both the central and local organisations being supreme in definite spheres marked out for them by the Constitution.' The Indian Constitution possesses all the important features of a federal constitution. The Constitution is both rigid and written. It is the supreme law of the land. Powers of Govern- ment are divided and distributed by the Constitution between the centre and the units. The Supreme Court is there to act as a guardian of the Constitution.

 Though the Constitution of India is federal in form it has strong cen- tralising tendency. Critics of our Constitution point out that it is federal in character but unitary in spirit. It is true that in the Indian Federation