UPSC IAS exam preparation - India's Constitution - Lecture 6

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Fundamental Duties and
Directive principles of state policy

[हिंदी में पढ़ें ]

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1.0 INTRODUCTION

Fundamental Duties in India are guaranteed by the Constitution of India in Part IVA in Article 51A. These fundamental duties are recognized as the moral obligations that actually help in upholding the spirit of nationalism as well as to support the harmony of the nation, as well as of the citizens. These duties are designed concerning the individuals and the nation. However, these fundamental duties are not legally enforceable. Furthermore, the citizens are morally obligated by the Constitution to perform these duties. These Fundamental Duties were added by the 42nd Amendment Act in 1976. 

Article 51-A of the constitution provides 10 Fundamental Duties of the citizen. These duties can be classified accordingly as relating to the environment, duties towards the state and the nation and also towards self. However, the main purpose of incorporating the fundamental duties is to encourage the sense of patriotism among the country's citizens. 

The international instruments, such as, the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights include reference of such fundamental duties. These Fundamental Duties are such commitments that expand to the citizens as well as the state at large. According to the Fundamental Duties, all the citizens should respect the national symbols as well as the constitution of the country. The fundamental duties of the land also intend to uphold the right of equality of all individuals, defend the environment and the public property, to build up scientific temper, to disown violence, to struggle towards excellence and to offer compulsory education. In addition, the 11th Fundamental Duty of the country was added in the year 2002 by the 86th constitutional amendment. It states that every citizen who is a parent or guardian, to offer opportunities for education to his child or, as the case may be, ward between the age of 6 and 14 years. 

Fundamental duties were not a part of the original constitution of India. After the imposition of emergency in 1976, the Sardar Swaran Singh committee was constituted by Indira. The objective of this committee was to study the question of amending the constitution in the light of past experiences and recommend the amendments. The 42nd Amendment Act, also called "Mini Constitution", amended many articles and even amended the Preamble. It was a result of the recommendations of Sardar Swaran Singh committee. The 10 fundamental duties were also added as per the recommendations of Sardar Swaran Singh committee by the 42nd Constitutional Amendment of 1976. The list of Fundamental duties is given in Article 51A, Part IVA of the Constitution.

The fundamental duties are inspired by the constitution of former Soviet Union. Since, the fundamental duties are included in part IV of the constitution, these cannot come into force automatically, neither can these duties be enforced by judicial process. Therefore it is said that the Fundamental duties are non-enforceable and non-justiciable in character. This means that no citizen can be punished by a court for violation of a fundamental duty. In this respect the fundamental duties are like the directive principles of the constitution in part IV. The directive principles lay down some high ideals to be followed by the state. Similarly, the fundamental duties in Art 51A, lay down some high ideals to be followed by the citizens. In both cases, violation does not invite any punishment. It is significant that the fundamental duties are placed at the end of part IV rather than at the end of part III of the constitution. While part III containing fundamental rights is justiciable, part IV containing the directive principles is not.

2.0 CONSTITUTIONAL PROVISION REGARDING FUNDAMENTAL DUTIES

51A - Fundamental Duties: It shall be the duty of every citizen of India—

1. to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
2. to cherish and follow the noble ideals which inspired our national struggle for freedom;
3. to uphold and protect the sovereignty, unity and integrity of India;
4. to defend the country and render national service when called upon to do so;
5. to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious,   linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
6. to value and preserve the rich heritage of our composite culture;
7. to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
8. to develop the scientific temper, humanism and the spirit of inquiry and reform; 
9. to safeguard public property and to abjure violence;
10. 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.
11. Who is a parent of guardian to provide opportunities for education to his child or, as  the case may be, ward between the age of six and fourteen years.

51A(k) was inserted by 86th Constitutional Amendment Act, 2002

The fundamental duties are inspired by the constitution of former Soviet Union. Since the fundamental duties are included in part IV of the constitution, these cannot come into force automatically, neither can these duties be enforced by judicial process. The constitution, like directive principles of state policies, leaves to the goodwill of citizens to abide by these provisions. According to the famous constitutional expert D D Basu, the constitution does not make any provision to enforce these duties automatically or any sanction to prevent the violation of these duties by the citizen. However, it is expected that if a law is enacted by the legislature to enforce these provisions, it shall not be declared unconstitutional on the ground of its inconsistency with the provisions of Article 14 and that of 19. According to him, these provisions would act as a warning to all those who indulge in not paying due regard to the constitution and destroying public property. The Supreme Court may issue such warning to citizens to take these provisions seriously. The legislature may also enact laws to enforce these duties. In fact, there are already many laws which directly or indirectly enforce these duties. For example, there is a law for the protection of public property as well as environment and animal species.

However, the Supreme Court, in Surya Vs Union of India (1992) case, ruled that fundamental duties are not enforceable through judicial remedies by court. In Vijoy Immanuel Vs State of Kerala (1987), the Supreme Court overruled the decision of Kerala High Court and decided that though the Constitution provides it to be the duty of citizen to respect the National Anthem, it does not provide that singing of the National Anthem is part of such respect. Even a person, while standing during the singing of National Anthem (without himself singing it) can show respect to the National Anthem.

2.1 Supreme Court References 

Though the fundamental duties are not justiciable, the honourable Supreme Court has often made references to the same. 

In M.C. Mehta (2) v. Union of India, the Supreme Court has held that under Art. 51-A (g) it is the duty of the Central Government to introduce compulsory teaching of lessons at least for one hour in a week on protection and improvement of natural environment in all the educational institution of the country.

In AIIMS Students Union v. AIIMS, speaking about the importance of Fundamental Duties enriched in Article 51-A while striking down the institutional reservation of 33% in AIIMS coupled with 50% reservation discipline wise as violative of Article 14 of the Constitution, the Supreme Court said that they are equally important like fundamental rights.

In Mohan Kumar Singhania v. Union of India, a governmental decision to give utmost importance to the training programme of the indian Administrative Service selectees was upheld by deriving support from Article 51-A (i) of the Constitution, holding that the governmental decision was in consonance with one of the fundamental duties.

In Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh, a complete ban and closing of mining operation carried on in Mussoorie hills was held to be sustainable by deriving support from the fundamental duty as enshrined in Article 51-A (g) of the Constitution. The court held that preservation of the environment and keeping the ecological balance unaffected in a task which not only government but also every citizen must undertake. It is a social obligation of the state as well as of the individuals.

2.2 Enforceability of Fundamental Rights

The fundamental duties under Article 51-A, in addition to individuals, should also guide the legislative and executive actions of elected or non-elected institutions and organisations of the citizens including the municipal bodies. The legal usefuleness of fundamental duties is similar to that of the Directive principles of State Policy. Whereas the Directives are addressed to the state, the duties addressed to the citizens, without any legal sanction for their violation. The citizen, it is expected, should be his own monitor while exercising and enforcing his Fundamental rights. He should keep in mind that he owes the duties specified in Article 51-A to the State and if he does not care for the duties, he does not deserve the rights.

Another legal utility of the Fundamental duties is that though they are not legally enforceable in the Courts of law, if a law has been made to prohibit any act or conduct in violation of the duties, it would be reasonable restriction on the relevant Fundamental Rights. The constitution does not make any provision to enforce these duties automatically or any sanction to prevent the violation of these duties by the citizen. However, it is expected that if a law is enacted by the legislature to enforce these provisions, it shall not be declared unconstitutional on the ground of its inconsistency with the provisions of Article 14 and that of 19.

Since the Fundamental Duties are not addressed to the State, a citizen cannot claim that he must be properly equipped by the state so that he may perform his duties under Article 51-A. However, the Supreme Court has issued directions to the States, having regard to Article 51-A (g).

Protection of environment: Since a citizen has the duty to protect and improve the natural environment including forests, lakes, rivers and wild-life and to have compassion for living creatures under Article 51-A (g) of the Constitution, the Supreme Court has held that it is a duty of the Central Government to take a number of steps in order to make this provision effective, and issued the following directions to the Central Government.

1. To direct all educational institutions throughout India to give weekly lessons in the first ten classes, relating to the protection and improvement of the natural environment including forest, lake, rivers and wild life
2. To get text books written for the said purpose and to distribute them free of cost
3. To introduce short term courses for training of teachers who teach this subject
4. Not only the Central Government but also the State Government and local authorities are to introduce cleanliness weeks when all citizens including member of Executive, the Legislature and the judiciary should render free personal service to keep their local areas free from pollution of land, water and air.

In addition to the Supreme Court the legislature may also enact laws to enforce the Fundamental Duties. There are already many laws which directly or indirectly enforce these duties. For example, There are laws for the protection of public property as well as environment and animal species.

The Supreme Court, in Surya Vs Union of India (1992) case, ruled that fundamental duties are not enforceable through judicial remedies by court. In Vijoy Immanuel Vs State of Kerala (1987), the Supreme Court overruled the decision of Kerala High Court and decided that though according to the Constitution it is the duty of a citizen to respect the National Anthem, it does not provide that singing of the National Anthem is part of such respect. Even a person, while standing during the singing of National Anthem (without himself singing it) can show respect to the National Anthem.

3.0 Directive Principles of State Policy

Our Constitution-makers laid down certain guidelines in the Constitution to be followed by the governments while administering the state. These guidelines are contained in Section IV of the Constitution and are known as the Directive Principles of State Policy.

3.1 Objective

The directive principles constitute a restatement of the ideals mentioned in the Preamble. They are guidelines or instructions to the government to be kept in mind while formulating various policies.

They are essential in the governance of the country and it is the duty of the State to apply these in making laws. They help in bringing about-all-round development of the citizens of the century and help in establishing a welfare state where equal opportunities are granted to all in the social, economic and educational spheres. The directive principles also serve as a yardstick to measure or assess the performance of a government.

3.2 Constitutional Provisions

Article 36 - Definition: In this Part, unless the context otherwise requires, ‘‘the State’’ has the same meaning as in Part III.

Article 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.

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

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.

Article 39 - Certain principles of policy to be followed by the State: The State shall, in particular, direct its policy towards securing:

1. that the citizens, men and women equally, have the right to an adequate means of livelihood;
2. that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
3. that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
4. that there is equal pay for equal work for both men and women;
5. 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;
6. 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.

Article 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.

Article 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.

Article 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.

Article 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.

Article 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.

Article 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.

Article 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.

Article 45 - Provision for free and compulsory education for children: The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.

Article 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.

Article 47 - Duty of the State to raise the level of nutrition and the standard of living and to improve public health: The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

Article 48 - Organisation of agriculture and animal husbandry: The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and   prohibiting the slaughter, of cows and calves and other milch and draught cattle.

Article 48A - Protection and improvement of environment and safeguarding of forests and wild life: The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.

Article 49 - Protection of monuments and places and objects of national importance: It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, [declared by or under law made by Parliament]   to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

Article 50 - Separation of judiciary from executive: The State shall take steps to separate the judiciary from the executive in the public services of the State.

Article 51 - Promotion of international peace and security: The State shall endeavour to 

1. promote international peace and security;
2. maintain just and honorable relations between nations;
3. foster respect for international law and treaty obligations in the dealings of organized peoples with one another; and
4. encourage settlement of international disputes by arbitration.

3.3 Importance of the Directive Principles of State Policy

The Directive Principles are fundamental to the governance of the nations and it is the duty of the State to apply these principles in making the laws. All the ideals given in the directive principles of state policy are supposed to be taken into consideration by the policy makers while formulating the policy on any issue. The Directive Principles have close resemblances with the "instrument of instructions" mentioned in the Government of India Act of 1935 and the principles enunciated give a method by which a "welfare state" can be created. Though they are non-justiciable in nature they are used by the courts in examining and determining the constitutional validity of a law.

The reasons as to why these principles could not be incorporated into the constitution are varied in nature. Some of the reasons are:

1. India as a country didn't possess enough financial resources to implement the directions given in the directive principles.
2. Vast diversity and backwardness in the country posed as a hurdle in the way of their implementation.
3. India after independence had many preoccupations i.e. various regions had their unique set of problems which they needed to deal with them on priority. If these directive principles were made compulsory they would have added to the burden on these regions.

Dr. B.R. Ambedkar while explaining the object underlying the Directive principles of State Policy observed

"While we have established political democracy, it is also the desire that we should lay down as our ideal, economic democracy. We do not want merely to lay down a mechanism to enable people to come and capture power. The constitution also wishes to lay down an ideal before those who would be forming the Government. That is ideal is economic democracy, whereby, so far as I am concerned, I understand to mean one man one vote. By this it is clear that the main object behind the Directive Principle sis to achieve the ideal of Economic democracy."

The Directive Principles serve three distinct roles in judicial interpretation. 

First, legislation enacted in service of the Directive Principles meets the "public interest" threshold if it results in a challenge to the Fundamental Rights enunciated in Part III. Secondly, if legislation is intelligibly susceptible to more than one interpretation, then the meaning that corresponds more closely to the DPSPs is to be preferred over others. Finally, the DPSPs play a structuring role in selecting the specific conceptions that are the concrete manifestations of the abstract concepts embodied in the fundamental rights chapter. This is the best way to understand the Court's dictum that fundamental rights "ought to be interpreted in light of the DPSPs." There is thus a clearly delineated role for the Directive Principles in constitutional analysis.

However there are certain disadvantages associated with the Directive Principles.

1. Not enforceable legally: The biggest criticism of DPSP is that they are non-justiciable in nature. Some have even termed it as "no better than the new year's resolution".
2. Illogically arranged: Directive principles are neither properly classified nor logically arranged.
3. Conservative: It is said that many of the provisions in the directive principles are conservative. They may have been suitable for the 20th Century but whether they are suitable for 21st century is a matter of debate.

3.4 Conflicts due to Directive Principles of State Policy

3.5 Difference between Fundamental Rights and Directive Principles of State Policy

3.6 Important milestones in the conflicts between Fundamental Rights and Directive Principles

3.7 Implementation of DPSPs

1. Since the commencement of the Constitution, there have been a number of legislations to implement the DPSPs.
2. In fact, the very first Amendment Act was for implementing land reforms.
3. It was followed by the 4th, 17th, 25th, 42nd and 44th Amendment Acts. The 73rd Constitution Amendment Act (1992) is in pursuit of implementing Art. 40.
4. There have been several factory legislations to make the conditions of work humane for the workers.
5. Promotion of cottage industries has been one of the main aspects of the economic policy of the government and there exists the Khadi and Village Industries Commission for the purpose.

3.8 Directives in other parts of the Constitution (Except part IV)

Article 350 A : It enjoins every State and every local authority within the State to provide adequate facilities for the instructions in the mother tongue at the primary stage to children of linguistic minority areas.

Article 351 : It enjoins the Union to promote the spread of Hindi Language so that it may serve as a medium of expression of all the elements of the composite culture of India.

Article 335 : It says that the claims of SC/ST shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with affairs of the Union or of a State.

4.0 The debate on uniform civil code 

By uniform civil code, it is meant that all sections of society irrespective of their religion shall be treated equally according to a national civil code, which shall be uniformly applicable to all. Civil code covers areas like marriage, divorce, maintenance, inheritance, succession of property and adoption. Uniform Civil Code (UCC) has been provided under Art 44 of the Constitution as a directive principle. It will enhance the status of women and therefore, it is vitally desired to achieve the empowerment of women. Articles 25 and 26 guarantee right to freedom of religion and UCC is not opposed to secularism or will not violate these articles. Article 44 is based on the concept that there is no necessary connection between religion and personal law in a civilised society. Marriage, succession and like matters are of secular nature and, therefore, law can regulate them. The UCC will not and shall not result in interference of one's religious beliefs relating, mainly to maintenance, succession and inheritance. But in matters of inheritance, right to property, maintenance and succession, there will be a common law. Article 25 confers right to practice and profess religion, while Article 44 divests religion from social relations and personal law. According to Justice R.M. Sahai "Freedom of religion is the core of our culture. But religious practices, violative of human rights and dignity and leading to suffocation of essentially civil and material freedoms are not autonomy but oppression."

4.1 Shah Bano case

1. In Mohammad Ahmed Khan v. Shah Bano Begum, popularly known as the Shah Bano case, a penurious Muslim woman claimed for maintenance from her husband under Section 125 of the Code of Criminal Procedure after she was given triple talaq by him.
2. The Supreme Court held that the Muslim women have a right to get maintenance from their husbands under Section 125.
3. After this decision, nationwide discussions, meetings, and agitation were held.
4. The then Rajiv Gandhi led Government overturned the Shah Bano case decision by way of Muslim Women (Right to Protection on Divorce) Act, 1986 which curtailed the right of a Muslim woman for maintenance under Section 125 of the Code of Criminal Procedure.

4.2 Sarla Mudgal case

1. The second instance in which the Supreme Court again directed the government on Article 44 was in the case of  Sarla Mudgal v. Union of India.
2. In this case, the question was whether a Hindu husband, married under the Hindu law, by embracing Islam, can solemnise second marriage.
3. The Court held that a Hindu marriage solemnised under the Hindu law can only be dissolved on any of the grounds specified under the Hindu Marriage Act, 1955.
4. Conversion to Islam and marrying again would not, by itself, dissolve the Hindu marriage under the Act. And, thus, a second marriage solemnised after converting to Islam would be an offence under Section 494 of the Indian Penal Code.

4.3 John Vallamatton case

1. The priest from Kerala, John Vallamatton, filed a writ petition in the year 1997 stating that Section 118 of the Indian Succession Act was discriminatory against the Christians as it imposed unreasonable restrictions on their donation of property for religious or charitable purpose by will.
2. The Supreme Court struck down this Section in 2003 declaring it to be unconstitutional.

Thus, the apex court has on all these instances directed the government to realise the directive principle enshrined in our Constitution and asked to implement UCC as early as possible.

4.4 Githa Hariharan case

In Githa Hariharan vs RBI (1999), the top court adjudicated upon the constitutional validity of certain provisions of the Hindu Minority and Guardianship Act, 1956 and the Guardian Constitution and Wards Act, on a petition claiming they violated Articles 14 by treating the father as the natural guardian of a child under all circumstances. The court held that the interest of the child was paramount, and that the letter of law would not override this aspect. It ushered in the principle of equality in matters of guardianship for Hindus, making the child's welfare the prime consideration.

4.5 Developments in 2015

The Supreme Court examined the aspect uniformity again in two cases in 2015. The first pertained to seeking the court's recognition to the Ecclesiastical Court, which operates under the Canon Law for Catholic Christians and not under India's civil laws. The apex court raised the question as to whether India would remain secular in the present circumstances, and calling for stamping out religions from civil laws. The matter is sub-judice.

In the second case, the court dealt with the issue of guardianship of a Christian unwed mother without the consent of the child's father. While ruling in the woman's favour, it said: "It would be apposite for us to underscore that our Directive Principles envision the existence of a uniform civil code, but this remains an unaddressed constitutional expectation."

Framing of a Uniform Civil Code is the exclusive preserve of Parliament. But political will is at times weakened by political considerations. The minorities in India and various religious institutions may protest that a Uniform Civil Code would violate their religious freedom, and may lead to domination by the majority.

Therefore, in spite of repeated reminder by the judiciary the Government has not yet been able to implement a Uniform Civil Code. Further, in 2016, the issue of Oral Triple Talaq has also reached the Supreme Court. 

5.0 Conclusion

The Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the State to its citizens and the duties of the citizens to the State. The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. These duties, set out in Part IV-A of the Constitution concern individuals and the nation. Citizens are morally obligated by the Constitution to perform these duties. The Fundamental Duties are however, not legally enforceable, i.e. without any legal sanction in case of their violation or non-compliance.

There is a need for these duties to be obligatory for all citizens, subject to the State enforcing the same by means of a valid law, or else the law stands in a very disadvantageous position. The Supreme Court has finally, issued directions to the State in this regard, with a view towards making the provisions effective and enabling a citizens to properly perform their duties properly. This project was an attempt to check the enforceability of the fundamental duties under the different statutes, which have been references to the Indian Constitution.

The twentieth century has been characterised as a century of widespread democratic upsurge. The first half of the century witnessed the overthrow of colonialism in Asia and Africa because of the liberation struggles. The Indian freedom movement led by Mahatma Gandhi which used nonviolent direct action satyagraha as a technique of struggle, has won general acclaim for the pioneering role it played in sharpening and hastening the process of dismantling the classical forms of colonialism and imperialism. The next two decades witnessed massive attempts at post colonial transformation in the newly independent colonies initiated by the state. There has been a deeply entrenched presumption that the state was an effective mediator in ameliorating the conditions of the weaker and poorer sections of people, for the purpose of ensuring social justice and equality, the liberator of the oppressed and "an engine of growth and development that would usher in a new civil order based on progress and prosperity and confer rights to life and liberty, equality and dignity, on the people at large. (as pointed out by Rajni Kothari in"Masses Classes and the state)

The third decade of independence (1970s) was a period of disillusionment and demystification. It becomes clear that expectations of the positive and interventionist role of the state and the presumed alliance between the state and the masses have been completely belied. As pointed out by Kothari; 'Today the state is seen to have betrayed the masses, as having become the prisoner of the dominate classes and their transnational patrons and as having increasingly turned anti-people...The state in the third world, despite some valiant efforts by dedicated leaders in a few countries, has degenerated into a technocratic machine serving a narrow power group that is kept in power by hordes of security men at the top and a regime of repression and terror at the bottom kept going by millions of hardworking people who must go on producing goods and services for the system, for if they did not, everything would collapse''.

This has evoked sharp response from the victims. They are being organised and mobilised under the aegis of what are known as New Social Movements / Action Groups / People Movements and these movements are engaging the oppressors in violent and nonviolent struggles. These are movements of dalits, tribals, women, displaced people, environmental movements, movements for regional autonomy movements against globalization etc.

One can say that the major nonviolent/peaceful struggles of the post Gandhian period in India are organic extensions of satyagraha campaigns carried out by Gandhiji in his anti-racial and anti-colonial struggles in South Africa and India. In fact, there is hardly any significant nonviolent struggle in any part of the world during the last fifty years that does bear the impress and impact of Gandhian nonviolence in a substantial way.

The anti-colonial struggle led by Gandhi for the liberation of India was unique in many ways. That it was predominantly a nonviolent one has been mentioned repeatedly. It is another aspect that I want to highlight here. The Indian freedom movement was a multidimensional one. Gandhi did not limit it to a single point agenda of putting an end to British rule in India. Of course, ending foreign domination was an important and crucial item in the Gandhian agenda. However, his goals were greater and more ambitious. What he wanted to achieve was Swaraj Poorna Swaraj or complete freedom.

A brief explanation of what Gandhi meant by swaraj is called for here. Although  the word swaraj means self-rule, Gandhi gave it the content of an integral revolution that encompasses all spheres of life. "At the individual level swaraj is vitally connected with the capacity for dispassionate self-assessment, ceaseless self-purification and growing swadeshi or self-reliance" (Gandhi in Young India, 1928). Politically swaraj is self-government and not good government (for Gandhi, good government is no substitute for self-government) and it means continuous effort to be independent of government control, whether it is foreign government or whether it is national. In the other words, it is sovereignty of the people based on pure moral authority. Economically, poorna swaraj means full economic freedom for the toiling millions. For Gandhi, swaraj of the people meant the sum total of the swaraj (self-rule) of individuals and so he clarified that for him swaraj meant freedom for the meanest of his countrymen. And in its fullest sense, swaraj is much more than freedom from all restraints, it is self-rule, self-restraint and could be equated with moksha or salvation."

How to realise swaraj also engaged Gandhiji's attention seriously. He reminded his colleagues that swaraj will not drop from the cloud and it would be the fruit of patience, perseverance, ceaseless toil, courage and intelligent appreciation of the environment. He also reminded them that swaraj means vast organising ability, penetration into the villages solely for the services of the villagers; in other words, it means national education i.e., education of the masses.' And in the Gandhian discourse, education of the masses means conscientization, mobilisation and empowerment, making people capable and determined to stand up to the powers that be. He said: "Real swaraj  will come, not by the acquisition of authority but by the acquisition of the capacity by all to resist authority when it is abused. In other words, swaraj is to be attained by educating the masses to a sense of their capacity to regulate and control authority."

Political independence was an essential precondition and the first step towards the realisation of the goal of swaraj, but it was only a first step. For political independence Gandhi worked with and through the Indian National Congress, but there existed serious philosophical and ideological differences between Gandhi and other prominent leaders of the Congress, particularly Nehru. The development model visualised by Gandhi and enunciated in the Hind Swaraj?known as Gandhi's manifesto?and the strategy he evolved subsequently were totally unacceptable to Nehru and his Congress, Nehru dismissed Hind Swaraj as "completely unreal" and declared that neither he nor the Congress had ever considered the picture presented in it. However, to Gandhi the vision presented in the Hind Swaraj was the ideal for the realisation of which he had devoted his life fully. He wanted to rebuild India after the model presented there. This required much more than ending British rule.

In what  is known as his Last Will and Testament, Gandhi suggested the disbanding of the Congress organisation as a political forum and its blossoming into a constructive work organisation (Lok Sewak Sangh was the name he proposed) to conscientise and mobilise the people to work and struggle for swaraj. Congressmen of the party-political disposition gave no heed to the advice of the Mahatma. However, after Gandhi's assassination the constructive workers, under the leadership of Vinoba Bhave, formed the Sarva Seva Sangh  at the national level and Sarvodya Mandals at the regional/state levels to carry on samagra grama seva-integrated village service-for realising the goal of swaraj. Two major nonviolent movements for socio-economic and political revolution in India viz. the Bhoodan-Gramdan Movement led by the Vinoba and the Total Revolution movement led by Jayprakash Narayanan (JP) were actually held under the aegis of the Sarvodaya M    ovement. On closer scrutiny it could be seen that the constructive work organisations founded by Gandhi and the Sarvodaya Mandals and Sarva Seva Sangh have actually served as precursors and role models of peoples movement, Voluntary Organisations (V.O.s.) and some of the Non-Government Organisations (N.G.O.s) that were subsequently launched in various parts of India. 

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