Sir, can you just give me the common statement and simple meaning of this 3 statements

I shall try to clear your doubt.

I general FD’s are not enforceable. It simply means that either the state or fellow citizen/s can’t approach the judiciary to make me to execute FD. This is as per the Constitution provisions.

Now coming to the point…
Constitution is the basic law of the land. There are other laws made by the parliament which are also the laws of the land. A person is bound to the provisions of Constitution as well as the laws of the parliament and state legislature.

How can we make FD’s enforceable ?

A) Simply pass a bill in the parliament saying that If a person do /does something then he is liable to punishment or jail term etc etc . Then one must have to follow else liable for prosecution.

Take One FD :- “To safeguard public properly and to abjure violence” Now look at the act “The Prevention of Damage to Public Property Act, 1984” which made it binding on the part of citizens if a person makes any damage then he shall be prosecuted.

Now observe …Here the act indirectly made the public to safeguard the public property but does not say one must protect the public property instead in order to deter the public from damaging the public property it made damaging as punishable offence.

So , not making damage = safe guarding the public property. That’s why in the second box, the word “Suitable Legislation” was added.

Now coming to second box…
Non justiciable :- It is the case where court is unable to decide who is right and who is wrong.

In the above FD… If I say that I do not protect public property then can anyone go to the court and enforce me to do the above action ? Absolutely no. If I make any damage then definitely i will be penalized. Asking the public to protect the public property carries the meaning but we cannot made it mandatory.

Here there is a reasoning in asking to protect and telling i don’t protect. This is what non justiciable.

Last box :-

As a part of recommendations,

Swaran singh committee opined that if needed parliament may bring a law that makes not executing the FD as punishable offense and accordingly govt may impose penalty. This what they said.

And we know that they are not enforceable directly and
and also they are not justiciable. So, immediately people file appropriate writ petitions under article 32 / 226 asking to strike off the above law as it goes against the Constitutional provisions.

So, courts usually strike off because law that makes non compliance of FD as punishable offence is unconstitutional.

So, to stop the courts from doing such actions (striking off) swaran singh committee recommended the government to add that provision in order to make non compliance of FD as punishable offence and collect the penalty.

How ever they are not made part of FD in the Constitution.

To simplify…

FD = Not enforceable actively but passively.

Respecting flag and national anthem is FD. Now look at the following laws how parliament indirectly made public to follow it.

The display of National Flag is governed by the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 and the Prevention of Insults to National Honour Act, 1971.

The common word from above laws is “Prevention of improper use”. This is what passive enforceability.

FD = Doing good things.
If don’t do good things as well as bad things, then no one can do anything.

Now what if I do something bad ? :blush:

If u still have doubt kindly ask.

So indirectly this provision is relating to mocking of democratic system of India.
Like,Parliament can make any law for people to do their duty and even punishable if they don’t do. And even ,these laws curbing our rights then they not even consider for judicial review.

No mocking man.

State is silent even if you don’t do duty (good thing ) but state will punish if you do bad thing.

Kindly read my above explanation once again.

FD are positive things to be done. However no law can be made to enforce them. However parliament is empowered to punish for doing negative things.

As long as you(batsmen) are in the cricket crease no one can make you out. But as soon as you come out of the crease then you will me made run out.

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