FUNDAMENTAL PRINCIPLES OF STATE POLICY
Modern states are welfare states and principal purpose of such a state is public welfare. This trend of public welfare is being, to some extent, reflected in most of the written constitutions of states when they adopt some directive principles in their constitutions.
Why Economic Social and Cultural Rights are Enumerated in the Directive Principles of State Policy
It has been almost a common feature of all the constitutions containing directive principles that the part of these directives of the Constitution contains economic, social and cultural rights whereas the part of fundamental rights contains civil and political rights. Economic, social and cultural rights have found their origin primarily in the Socialist and Marxist revolution of the early 20tgh century. Following the Socialist October revolution this new category of citizens’ rights first got their constitutional recognition in the Soviet Constitution of 1918. Thenceforth they are being gradually included in most modern constitutions as programmers’ or manifesto’ rights of promotional nature. 1 They are rights of promotional nature in the sense that their implementation and enforcement depends of the economic progress and availability of resources in the country. If these rights are placed in the part of fundamental rights of the Constitution, then the state would be legally bound to enforce them are the citizens would have a legal right to get them enforced through the courts and it would virtually lead a developing stgate with limited resources into a precarious problem. This is why all economic, social and cultural rights are placed in the part of directive principle as rights of a promotional nature not with any constitutional guarantee to enforce them immediately but with pledge to take steps to the maximum of available resources with a view to achieving progressively the full realization of these rights. On the other hand, the enforcement of civil and political rights are not necessarily connected with the economic progress and natural resources; they can be enforced in almost every circumstances.
Distinction between fundamental Rights and Directive Principles
There are some fundamental distinction between directives and fundamental rights.
First, when certain human rights are written down in Constitution, are supreme law, and are protected by constitutional guarantees they are called fundamental rights. Directive Principles, on the other hand, are policies relating to social, economic and cultural rights which are to be followed in governance of the country.
Second, fundamental rights are enforceable in a court of law and they create justifiable rights in favour of individuals. And the courts can enforce them against the government. Again, the courts are competent to declare as void any law that is inconsistent with any of the fundamental rights. The directives, on the other hand, are not enforceable in a court of law and they do not create any justifiable rights in favour of individuals. The courts cannot compel the government to carry out any of the directives. Again ,the courts cannot declare any law void, which is otherwise valid, on the ground that it contravenes any of the directive principles.
Significance of the Directive Principles
When the directive principles are not judicially enforceable it is very natural to comment that they are mere decoratives in the Constitution and most of the prominent writers, as mentioned earlier, have strongly criticized their inclusion in the constitution. But it is not proper to say that they are totally useless. They have some important significance.
Fundamental obligations of Government:
1. All organs of Government and all authorities and persons exercising legislative, executive or judicial powers shall conform to, observe and apply the provisions of this Chapter.
Government and the people:
2. (2.1) The Republic of Sierra Leone shall be a State based on the principles of Freedom, Democracy and Justice.
(2.2) It is accordingly declared that—
a. Sovereignty belongs to the people of Sierra Leone from whom Government through this Constitution derives all its powers, authority and legitimacy;
b. The security, peace and welfare of the people of Sierra Leone shall be the primary purpose and responsibility of Government, and to this end it shall be the duty of the Armed Forces, the Police, Public Officers and all security agents to protect and safeguard the people of Sierra Leone; and
c. The participation of the people in the governance of the State shall be ensured in accordance with the provisions of this Constitution.
Political objectives:
3. (3.1) The motto of the Republic of Sierra Leone shall be Unity, Freedom and Justice.
(3.2) Accordingly, the State shall promote national integration and unity and discourage discrimination on the grounds of place of origin, circumstance of birth, sex, religion, status, ethnic or linguistic association or ties.
(3.3) For the purposes of promoting national integration and unity, the State shall—
a. Provide adequate facilities for and encourage free mobility of people, goods and services throughout Sierra Leone; and
b. Secure full rights of residence for every citizen in all parts of the State.
(3.4) The State shall protect and defend the liberty of the individual, enforce the rule of law and ensure the efficient functioning of Government services.
(3.5) The State shall take all steps to eradicate all corrupt practices and the abuse of power.
Economic objectives:
4. (4.1) The State shall within the context of the ideals and objectives for which provisions are made in this Constitution—
a. Harness all the natural resources of the nation to promote national prosperity and an efficient, dynamic and self-reliant economy;
b. Manage and control the national economy in such a manner as to secure the maximum welfare and freedom of every citizen on the basis of social justice and equality of opportunity;
c. Protect the right of any citizen to engage in any economic activity without prejudice to the rights of any other person to participate in areas of the economy; place proper and adequate emphasis on agriculture in all its aspects so as to ensure self-sufficiency in food production; and
d. Ensure that Government shall always give priority and encouragement to Sierra Leoneans to participate in all spheres of the economy in furtherance of these objectives.
Social objectives:
5. (5.1) The Social Order of the State shall be founded on the ideals of Freedom, Equality and Justice.
(5.2) In furtherance of the Social Order—
a. Every citizen shall have equality of rights, obligations, and opportunities before the law, and the State shall ensure that every citizen has an equal right to all opportunities and benefits based on merit;
b. The State shall recognize, maintain and enhance the sanctity of the human person and human dignity; and
c. The Government shall secure and maintain the independence, impartiality and integrity of courts of law and unfettered access thereto, and to this end shall ensure that the operation of the legal system promotes justice on the basis of equal opportunity, and that opportunities for recruiting justice are not denied any citizen by reason of economic or other disability.
(5.3) The State shall direct its policy towards ensuring that—
a. Every citizen, without discrimination on any grounds whatsoever, shall have the opportunity for securing adequate means of livelihood as well as adequate opportunities to secure suitable employment;
b. Conditions of service and work are fair, just and humane and that there are adequate facilities for leisure and for social, religious and cultural life;
c. The health, safety and welfare of all persons in employment are safeguarded and not endangered or abused, and in particular that special provisions be made for working women with children, having due regard to the resources of the State;
d. There are adequate medical and health facilities for all persons, having due regard to the resources of the State; there is equal pay for equal work without discrimination on account of sex, and that adequate and satisfactory remuneration is paid to all persons in employment; and
e. The care and welfare of the aged, young and disabled shall be actively promoted and safeguarded.
Educational objectives:
6. (6.1) The Government shall direct its policy towards ensuring that there are equal rights and adequate educational opportunities for all citizens at all levels by—
a. Ensuring that every citizen is given the opportunity to be educated to the best of his ability, aptitude and inclination by providing educational facilities at all levels and aspects of education such as primary, secondary, vocational, technical, college and university;
b. Safeguarding the rights of vulnerable groups, such as children, women and the disabled in security educational facilities; and providing the necessary structures, finance and supportive facilities for education as and when practicable.
(6.2) The Government shall strive to eradicate illiteracy, and to this end, shall direct its educational policy towards achieving—
a. Free adult literacy programs;
b. Free compulsory basic education at primary and junior secondary school levels; and
c. Free senior secondary education as and when practicable.
(6.3) The Government shall promote the learning of indigenous languages and the study and application of modern science, foreign languages, technology, commerce and business.
Foreign policy objectives:
7. The Foreign Policy Objectives of the State Shall be—
(a) The promotion and protection of the National interest;
(b) The promotion of sub-regional, regional and inter-African co-operation and unity;
(c) The promotion of international co-operation for the consolidation of international peace and security and mutual respect among all nations; and respect for their territorial integrity and independence; and
(d) Respect for international law and treaty obligations, as well as the seeking of settlement of international disputes by negotiation, conciliation, arbitration or adjudication.
Obligations of the mass media:
8. The press, radio and television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Constitution and highlight the responsibility and accountability of the Government to the people.
Enhancement of national culture:
9. The Government shall—
(a) Promote Sierra Leonean culture such as music, art, dance, science, philosophy, education and traditional medicine which is compatible with national development;
(b) Recognize traditional Sierra Leonean institutions compatible with national development;
(c) Protect and enhance the cultures of Sierra Leone; and
(d) Facilitate the provision of funds for the development of culture in Sierra Leone.
Duties of the citizen:
10. Every citizen shall—
(a) Abide by this Constitution, respect its ideals and its institutions, the National Flag, the National Anthem and authorities and offices established constituted under this Constitution or any other law;
(b) Cultivate a sense of nationalism and patriotism so that loyalty to the State shall override sectional, ethnic tribal or other loyalties;
(c) Protect and preserve public property and prevent the misappropriation and squandering of funds belonging to the Government, local authorities or public corporations;
(d) Help enhance the power, prestige and good name of the State and to defend the State and tender national service as may be required;
(e) Respect the dignity and religious of other individuals, and the rights and interests of others;
(f) Make positive and useful contributions to the advancement, progress, and well-being of the community, wherever he resides;
(g) Work conscientiously in a lawful and chosen occupation and abstain from any activity detrimental to the general welfare of others;
(h) Ensure the proper control and upbringing of his children and wards;
(i) Participate in and defend all democratic processes and practices; and
(j) Render assistance to appropriate and lawful agencies in the maintenance of law and order.
Fundamental principles not justifiable:
11. Notwithstanding the provisions of Section 4, the provisions contained in this Chapter shall not confer legal rights and shall not be enforceable in any court of law, but the principles contained therein shall nevertheless be fundamental in the governance of the State, and it shall be the duty of Parliament to apply these principles in making laws.
Fundamental Principles of State Policy of Bangladesh
1. The principles of absolute trust and faith in the Almighty Allah, nationalism, democracy and socialism meaning economic and social justice, together with the principles derived from them as set out in this Part, shall constitute the fundamental principles of state policy.
2. Absolute trust and faith in the Almighty Allah shall be the basis of all actions.
3. The principles set out in this Part shall be fundamental to the governance of Bangladesh, shall be applied by the State in the making of laws, shall be a guide to the interpretation of the Constitution and of the other laws of Bangladesh, and shall form the basis of the work of the State and of its citizens, but shall not be judicially enforceable.
Article 9: Promotion of local Government institutions
The State shall encourage local Government institutions composed of representatives of the areas concerned and in such institutions special representation shall be given, as far as possible, to peasants, workers and women.
Article 10: Participation of women in national life
Steps shall be taken to ensure participation of women in all spheres of national life. Participation of women in national life.
Article 11: Democracy and human rights
The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed 11* * * 12[, and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured].
Article 13: Principles of ownership
The people shall own or control the instruments and means of production and distribution, and with this end in view ownership shall assume the following forms-
1. State ownership, that is ownership by the State on behalf of the people through the creation of an efficient and dynamic nationalized public sector embracing the key sectors of the economy;
2. Co-operative ownership, that is ownership by co-operatives on behalf of their members within such limits as may be prescribed by law; and
3. Private ownership, that is ownership by individuals within such limits as may be prescribed by law.
Article 14: Emancipation of peasants and workers
It shall be a fundamental responsibility of the State to emancipate the toiling masses the peasants and workers and backward sections of the people from all forms and exploitation.
Article 15: Provision of basic necessities
It shall be a fundamental responsibility of the State to attain, through planned economic growth, a constant increase of productive forces and a steady improvement in the material and cultural standard of living of the people, with a view to securing to its citizens-
1. The provision of the basic necessities of life, including food, clothing, shelter, education and medical care;
2. The right to work, that is the right to guaranteed employment at a reasonable wage having regard to the quantity and quality of work;
3. The right to reasonable rest, recreation and leisure; and
4. The right to social security, that is to say to public assistance in cases of undeserved want arising from unemployment, illness or disablement, or suffered by widows or orphans or in old age, or in other such cases.
Article 16: Rural development and agricultural revolution
The State shall adopt effective measures to bring about a radical transformation in the rural areas through the promotion of a agricultural revolution, the provision of rural electrification, the development of cottage and other industries, and the improvement of education, communications and public health, in those areas, so as progressively to remove the disparity in the standards of living between the urban and the rules areas.
Article 17: Free and compulsory education
The State shall adopt effective measures for the purpose of -
1.establishing a uniform, mass-oriented and universal system of education and extending free and compulsory education to all children to such stage as may be determined by law ;
2. Relating education to the needs of society and producing properly trained and motivated citizens to serve those needs;
3. Removing illiteracy within such time as may be determined by law.
Article 18: Public health and morality
1. The State shall regard the raising of the level of nutrition and the improvement of public health as moving its primary duties, and in particular shall adopt effective measures to prevent the consumption, except for medical purposes or for such other purposes as may be prescribed by law, of alcoholic and other intoxicating drinks and drugs which are injurious to health.
2. The State shall adopt effective measures to prevent prostitution and gambling.
Article 19: Equality of opportunity
1. The State shall endeavor to ensure equality of opportunity to all citizens.
2. The State shall adopt effective measures to remove social and economic inequality between man and man and to ensure the equitable distribution of wealth among citizens, and of opportunities in order to attain a uniform level of economic development throughout the Republic.
Article 20: Work as a right and duty
1. Work is a right, a duty and a matter of honor for every citizen who is capable of working, and everyone shall be paid for his work on the basis of the principle "from each according to his abilities to each according to his work".
2. The State shall endeavor to create conditions in which, as a general principle, persons shall not be able to enjoy unearned incomes, and in which human labor in every form, intellectual and physical, shall become a fuller expression of creative endeavor and of the human personality.
Article 21: Duties of citizens and of public servants
1. It is the duty of every citizen to observe the Constitution and the laws, to maintain discipline, to perform public duties and to protect public property.
2. Every person in the service of the Republic has a duty to strive at all times to serve the people.
Article 22: Separation of Judiciary from the executive
The State shall ensure the separation of the judiciary from the executive organs of the State. Separation of Judiciary from the executive.
Article 23: National Culture
The State shall adopt measures to conserve the cultural traditions and heritage of the people, and so to foster and improve the national language, literature and the arts that all sections of the people are afforded the opportunity to contribute towards and to participate in the enrichment of the national culture.
Article 24: National monuments, etc
The State shall adopt measures for the protection against disfigurement, damage or removal of all monuments, objects or places of special artistic or historic importance or interest.
Article 25: Promotion of international peace, security and solidarity
1. The State shall base its international relations on the principles of respect for national sovereignty and equality, non-interference in the internal affairs of other countries, peaceful settlement of international disputes, and respect for international law and the principles enunciated in the United Nations Charter, and on the basis of those principle shall-
i. Strive for the renunciation of the use of force in international relations and for general and complete disarmament;
ii. Uphold the right of every people freely to determine and build up its own social, economic and political system by ways and means of its own free choice; and
iii. Support oppressed peoples throughout the world waging a just struggle against imperialism, colonialism or racialism. 2. The State shall endeavor to consolidate, preserve and strengthen fraternal relations among Muslim countries based on Islamic solidarity.
Modern states are welfare states and principal purpose of such a state is public welfare. This trend of public welfare is being, to some extent, reflected in most of the written constitutions of states when they adopt some directive principles in their constitutions.
Why Economic Social and Cultural Rights are Enumerated in the Directive Principles of State Policy
It has been almost a common feature of all the constitutions containing directive principles that the part of these directives of the Constitution contains economic, social and cultural rights whereas the part of fundamental rights contains civil and political rights. Economic, social and cultural rights have found their origin primarily in the Socialist and Marxist revolution of the early 20tgh century. Following the Socialist October revolution this new category of citizens’ rights first got their constitutional recognition in the Soviet Constitution of 1918. Thenceforth they are being gradually included in most modern constitutions as programmers’ or manifesto’ rights of promotional nature. 1 They are rights of promotional nature in the sense that their implementation and enforcement depends of the economic progress and availability of resources in the country. If these rights are placed in the part of fundamental rights of the Constitution, then the state would be legally bound to enforce them are the citizens would have a legal right to get them enforced through the courts and it would virtually lead a developing stgate with limited resources into a precarious problem. This is why all economic, social and cultural rights are placed in the part of directive principle as rights of a promotional nature not with any constitutional guarantee to enforce them immediately but with pledge to take steps to the maximum of available resources with a view to achieving progressively the full realization of these rights. On the other hand, the enforcement of civil and political rights are not necessarily connected with the economic progress and natural resources; they can be enforced in almost every circumstances.
Distinction between fundamental Rights and Directive Principles
There are some fundamental distinction between directives and fundamental rights.
First, when certain human rights are written down in Constitution, are supreme law, and are protected by constitutional guarantees they are called fundamental rights. Directive Principles, on the other hand, are policies relating to social, economic and cultural rights which are to be followed in governance of the country.
Second, fundamental rights are enforceable in a court of law and they create justifiable rights in favour of individuals. And the courts can enforce them against the government. Again, the courts are competent to declare as void any law that is inconsistent with any of the fundamental rights. The directives, on the other hand, are not enforceable in a court of law and they do not create any justifiable rights in favour of individuals. The courts cannot compel the government to carry out any of the directives. Again ,the courts cannot declare any law void, which is otherwise valid, on the ground that it contravenes any of the directive principles.
Significance of the Directive Principles
When the directive principles are not judicially enforceable it is very natural to comment that they are mere decoratives in the Constitution and most of the prominent writers, as mentioned earlier, have strongly criticized their inclusion in the constitution. But it is not proper to say that they are totally useless. They have some important significance.
Fundamental obligations of Government:
1. All organs of Government and all authorities and persons exercising legislative, executive or judicial powers shall conform to, observe and apply the provisions of this Chapter.
Government and the people:
2. (2.1) The Republic of Sierra Leone shall be a State based on the principles of Freedom, Democracy and Justice.
(2.2) It is accordingly declared that—
a. Sovereignty belongs to the people of Sierra Leone from whom Government through this Constitution derives all its powers, authority and legitimacy;
b. The security, peace and welfare of the people of Sierra Leone shall be the primary purpose and responsibility of Government, and to this end it shall be the duty of the Armed Forces, the Police, Public Officers and all security agents to protect and safeguard the people of Sierra Leone; and
c. The participation of the people in the governance of the State shall be ensured in accordance with the provisions of this Constitution.
Political objectives:
3. (3.1) The motto of the Republic of Sierra Leone shall be Unity, Freedom and Justice.
(3.2) Accordingly, the State shall promote national integration and unity and discourage discrimination on the grounds of place of origin, circumstance of birth, sex, religion, status, ethnic or linguistic association or ties.
(3.3) For the purposes of promoting national integration and unity, the State shall—
a. Provide adequate facilities for and encourage free mobility of people, goods and services throughout Sierra Leone; and
b. Secure full rights of residence for every citizen in all parts of the State.
(3.4) The State shall protect and defend the liberty of the individual, enforce the rule of law and ensure the efficient functioning of Government services.
(3.5) The State shall take all steps to eradicate all corrupt practices and the abuse of power.
Economic objectives:
4. (4.1) The State shall within the context of the ideals and objectives for which provisions are made in this Constitution—
a. Harness all the natural resources of the nation to promote national prosperity and an efficient, dynamic and self-reliant economy;
b. Manage and control the national economy in such a manner as to secure the maximum welfare and freedom of every citizen on the basis of social justice and equality of opportunity;
c. Protect the right of any citizen to engage in any economic activity without prejudice to the rights of any other person to participate in areas of the economy; place proper and adequate emphasis on agriculture in all its aspects so as to ensure self-sufficiency in food production; and
d. Ensure that Government shall always give priority and encouragement to Sierra Leoneans to participate in all spheres of the economy in furtherance of these objectives.
Social objectives:
5. (5.1) The Social Order of the State shall be founded on the ideals of Freedom, Equality and Justice.
(5.2) In furtherance of the Social Order—
a. Every citizen shall have equality of rights, obligations, and opportunities before the law, and the State shall ensure that every citizen has an equal right to all opportunities and benefits based on merit;
b. The State shall recognize, maintain and enhance the sanctity of the human person and human dignity; and
c. The Government shall secure and maintain the independence, impartiality and integrity of courts of law and unfettered access thereto, and to this end shall ensure that the operation of the legal system promotes justice on the basis of equal opportunity, and that opportunities for recruiting justice are not denied any citizen by reason of economic or other disability.
(5.3) The State shall direct its policy towards ensuring that—
a. Every citizen, without discrimination on any grounds whatsoever, shall have the opportunity for securing adequate means of livelihood as well as adequate opportunities to secure suitable employment;
b. Conditions of service and work are fair, just and humane and that there are adequate facilities for leisure and for social, religious and cultural life;
c. The health, safety and welfare of all persons in employment are safeguarded and not endangered or abused, and in particular that special provisions be made for working women with children, having due regard to the resources of the State;
d. There are adequate medical and health facilities for all persons, having due regard to the resources of the State; there is equal pay for equal work without discrimination on account of sex, and that adequate and satisfactory remuneration is paid to all persons in employment; and
e. The care and welfare of the aged, young and disabled shall be actively promoted and safeguarded.
Educational objectives:
6. (6.1) The Government shall direct its policy towards ensuring that there are equal rights and adequate educational opportunities for all citizens at all levels by—
a. Ensuring that every citizen is given the opportunity to be educated to the best of his ability, aptitude and inclination by providing educational facilities at all levels and aspects of education such as primary, secondary, vocational, technical, college and university;
b. Safeguarding the rights of vulnerable groups, such as children, women and the disabled in security educational facilities; and providing the necessary structures, finance and supportive facilities for education as and when practicable.
(6.2) The Government shall strive to eradicate illiteracy, and to this end, shall direct its educational policy towards achieving—
a. Free adult literacy programs;
b. Free compulsory basic education at primary and junior secondary school levels; and
c. Free senior secondary education as and when practicable.
(6.3) The Government shall promote the learning of indigenous languages and the study and application of modern science, foreign languages, technology, commerce and business.
Foreign policy objectives:
7. The Foreign Policy Objectives of the State Shall be—
(a) The promotion and protection of the National interest;
(b) The promotion of sub-regional, regional and inter-African co-operation and unity;
(c) The promotion of international co-operation for the consolidation of international peace and security and mutual respect among all nations; and respect for their territorial integrity and independence; and
(d) Respect for international law and treaty obligations, as well as the seeking of settlement of international disputes by negotiation, conciliation, arbitration or adjudication.
Obligations of the mass media:
8. The press, radio and television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Constitution and highlight the responsibility and accountability of the Government to the people.
Enhancement of national culture:
9. The Government shall—
(a) Promote Sierra Leonean culture such as music, art, dance, science, philosophy, education and traditional medicine which is compatible with national development;
(b) Recognize traditional Sierra Leonean institutions compatible with national development;
(c) Protect and enhance the cultures of Sierra Leone; and
(d) Facilitate the provision of funds for the development of culture in Sierra Leone.
Duties of the citizen:
10. Every citizen shall—
(a) Abide by this Constitution, respect its ideals and its institutions, the National Flag, the National Anthem and authorities and offices established constituted under this Constitution or any other law;
(b) Cultivate a sense of nationalism and patriotism so that loyalty to the State shall override sectional, ethnic tribal or other loyalties;
(c) Protect and preserve public property and prevent the misappropriation and squandering of funds belonging to the Government, local authorities or public corporations;
(d) Help enhance the power, prestige and good name of the State and to defend the State and tender national service as may be required;
(e) Respect the dignity and religious of other individuals, and the rights and interests of others;
(f) Make positive and useful contributions to the advancement, progress, and well-being of the community, wherever he resides;
(g) Work conscientiously in a lawful and chosen occupation and abstain from any activity detrimental to the general welfare of others;
(h) Ensure the proper control and upbringing of his children and wards;
(i) Participate in and defend all democratic processes and practices; and
(j) Render assistance to appropriate and lawful agencies in the maintenance of law and order.
Fundamental principles not justifiable:
11. Notwithstanding the provisions of Section 4, the provisions contained in this Chapter shall not confer legal rights and shall not be enforceable in any court of law, but the principles contained therein shall nevertheless be fundamental in the governance of the State, and it shall be the duty of Parliament to apply these principles in making laws.
Fundamental Principles of State Policy of Bangladesh
1. The principles of absolute trust and faith in the Almighty Allah, nationalism, democracy and socialism meaning economic and social justice, together with the principles derived from them as set out in this Part, shall constitute the fundamental principles of state policy.
2. Absolute trust and faith in the Almighty Allah shall be the basis of all actions.
3. The principles set out in this Part shall be fundamental to the governance of Bangladesh, shall be applied by the State in the making of laws, shall be a guide to the interpretation of the Constitution and of the other laws of Bangladesh, and shall form the basis of the work of the State and of its citizens, but shall not be judicially enforceable.
Article 9: Promotion of local Government institutions
The State shall encourage local Government institutions composed of representatives of the areas concerned and in such institutions special representation shall be given, as far as possible, to peasants, workers and women.
Article 10: Participation of women in national life
Steps shall be taken to ensure participation of women in all spheres of national life. Participation of women in national life.
Article 11: Democracy and human rights
The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed 11* * * 12[, and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured].
Article 13: Principles of ownership
The people shall own or control the instruments and means of production and distribution, and with this end in view ownership shall assume the following forms-
1. State ownership, that is ownership by the State on behalf of the people through the creation of an efficient and dynamic nationalized public sector embracing the key sectors of the economy;
2. Co-operative ownership, that is ownership by co-operatives on behalf of their members within such limits as may be prescribed by law; and
3. Private ownership, that is ownership by individuals within such limits as may be prescribed by law.
Article 14: Emancipation of peasants and workers
It shall be a fundamental responsibility of the State to emancipate the toiling masses the peasants and workers and backward sections of the people from all forms and exploitation.
Article 15: Provision of basic necessities
It shall be a fundamental responsibility of the State to attain, through planned economic growth, a constant increase of productive forces and a steady improvement in the material and cultural standard of living of the people, with a view to securing to its citizens-
1. The provision of the basic necessities of life, including food, clothing, shelter, education and medical care;
2. The right to work, that is the right to guaranteed employment at a reasonable wage having regard to the quantity and quality of work;
3. The right to reasonable rest, recreation and leisure; and
4. The right to social security, that is to say to public assistance in cases of undeserved want arising from unemployment, illness or disablement, or suffered by widows or orphans or in old age, or in other such cases.
Article 16: Rural development and agricultural revolution
The State shall adopt effective measures to bring about a radical transformation in the rural areas through the promotion of a agricultural revolution, the provision of rural electrification, the development of cottage and other industries, and the improvement of education, communications and public health, in those areas, so as progressively to remove the disparity in the standards of living between the urban and the rules areas.
Article 17: Free and compulsory education
The State shall adopt effective measures for the purpose of -
1.establishing a uniform, mass-oriented and universal system of education and extending free and compulsory education to all children to such stage as may be determined by law ;
2. Relating education to the needs of society and producing properly trained and motivated citizens to serve those needs;
3. Removing illiteracy within such time as may be determined by law.
Article 18: Public health and morality
1. The State shall regard the raising of the level of nutrition and the improvement of public health as moving its primary duties, and in particular shall adopt effective measures to prevent the consumption, except for medical purposes or for such other purposes as may be prescribed by law, of alcoholic and other intoxicating drinks and drugs which are injurious to health.
2. The State shall adopt effective measures to prevent prostitution and gambling.
Article 19: Equality of opportunity
1. The State shall endeavor to ensure equality of opportunity to all citizens.
2. The State shall adopt effective measures to remove social and economic inequality between man and man and to ensure the equitable distribution of wealth among citizens, and of opportunities in order to attain a uniform level of economic development throughout the Republic.
Article 20: Work as a right and duty
1. Work is a right, a duty and a matter of honor for every citizen who is capable of working, and everyone shall be paid for his work on the basis of the principle "from each according to his abilities to each according to his work".
2. The State shall endeavor to create conditions in which, as a general principle, persons shall not be able to enjoy unearned incomes, and in which human labor in every form, intellectual and physical, shall become a fuller expression of creative endeavor and of the human personality.
Article 21: Duties of citizens and of public servants
1. It is the duty of every citizen to observe the Constitution and the laws, to maintain discipline, to perform public duties and to protect public property.
2. Every person in the service of the Republic has a duty to strive at all times to serve the people.
Article 22: Separation of Judiciary from the executive
The State shall ensure the separation of the judiciary from the executive organs of the State. Separation of Judiciary from the executive.
Article 23: National Culture
The State shall adopt measures to conserve the cultural traditions and heritage of the people, and so to foster and improve the national language, literature and the arts that all sections of the people are afforded the opportunity to contribute towards and to participate in the enrichment of the national culture.
Article 24: National monuments, etc
The State shall adopt measures for the protection against disfigurement, damage or removal of all monuments, objects or places of special artistic or historic importance or interest.
Article 25: Promotion of international peace, security and solidarity
1. The State shall base its international relations on the principles of respect for national sovereignty and equality, non-interference in the internal affairs of other countries, peaceful settlement of international disputes, and respect for international law and the principles enunciated in the United Nations Charter, and on the basis of those principle shall-
i. Strive for the renunciation of the use of force in international relations and for general and complete disarmament;
ii. Uphold the right of every people freely to determine and build up its own social, economic and political system by ways and means of its own free choice; and
iii. Support oppressed peoples throughout the world waging a just struggle against imperialism, colonialism or racialism. 2. The State shall endeavor to consolidate, preserve and strengthen fraternal relations among Muslim countries based on Islamic solidarity.
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