Directive Principles Of State Policy Flashcards
The DPSPs
In the part 4 of the constitution
Article 36 to 51
No clarity
According to doctor BR Ambedkar it is a novel feature of the Indian constitution
According to Granville Austin DPSP and fundamental rights are the conscience of the constitution
The Indian constitution took it from the Irish constitution which intern was inspired by the Spanish constitution regarding it
DPSPs are not enforceable by any court
DPSP and the fundamental rights are the philosophy and the soul of the constitution
Features of the DPSPs
These are constitutional instructions or recommendations
To state in matter of legislative, executive and administrations.
The article 36 includes legislative and executive organs of the central and state government, all local authorities all the other public authority in the country
The directive principles resemble the instrument of instructions enumerated in the Government of India Act of 1935
Dr BR Ambedkar said that the directive principles are like the instrument of instructions issued to the governor general and to governors of colonies of India by the British government under the Government of India Act of 1935
The directive principles constituted a very comprehensive program on economic, social and political front for a modern economic and social democracy.
The aim of the directive principles is realising high ideals of justice, Liberty, equality and fraternity as outlined in the preamble of the constitution.
It includes the concept of the welfare state and not that of a police state which existed in the colonial era
It is non justiciable but help the courts in examining and determining the constitutional validity of the law
The article 37 is related to the DPSPs.
Principles are fundamental in the governance of the countries
It is the duty of the state to apply these principles in making the laws
Classifications
Socialistic principles:
They reflect on the ideology of socialism as they provide social and economic justice and set the path towards a welfare state
Direct the state
Article 38: to promote the welfare of the people by securing a social order permitted by justice social, economic and political and to minimise inequalities of income, status, facilities and opportunities
Article 39: to secure the right to adequate means of livelihood for all citizens, equitable distribution of material resources of the community for the common good, prevention of concentration of wealth and means of production, equal pay for equal work of man and women, preservation of the health and strength of the workers and children against forcible abuse, opportunities for healthy development of children
Article 39A: to promote equal justice and to provide free legal aid to the poor
Article 41: to secure the right to work, education and public assistants in case of unemployment, old age, sickness and disability
Article 42: to make provision for just and humane conditions for work and maternity relief
Article 43: to secure living wage and a decent standard of life and social and cultural opportunities for all workers
Article 43A: to take steps to secure participation of workers in the management of industries
Article 47: to raise the level of nutrition and standard of living of people and improve public health
Gandhian principles:
Article 40: to organise village panchayat and endow them with necessary power
Article 43: to promote cottage industries on an individual or cooperative level in rural areas
Article 43B: to promote cooperative industries
Article 46: to promote education and economic interest of the weaker sections
Article 47: prohibit intoxicating drinks and drugs
Article 48: to prohibit the slaughtering of cows
Liberal intellectual principles:
Article 44: uniform civil Code throughout the country
Article 45: early childhood education until they attain six years of age
Article 48: organise agriculture on the modern line
Article 48A: to protect and improve wild life and forest
Article 49: to protect monuments and places of national importance
Article 51: to promote international peace
New directives
According to the 40 second constitutional amendment Act
Article 39: to secure opportunities for healthy development of children
Article 39A: to promote equal justice and to provide free legal aid to the poor
Article 43A: to take steps to secure the participation of workers in the management of industries
Article 48A: to protect and improve environment and safeguard forests and wildlife
According to the 44th constitutional amendment Act:
Article 38: the state minimizes inequality of income, status and facility
According to the 97 constitutional amendment Act:
Cooperative societies
Directives outside part 4
Claims of SCs and STs to services: article 335 in part 16
Instruction in mother tongue to children belonging to linguistic minority group: article 350A, Part 17
Development of Hindi language: article 351 in part 17
Non-justiciable but given equal importance
Criticism of DPSPs
No legal force
Illogically arranged
Conservative
Constitutional conflicts
Difference between fundamental rights and DPSPs
Fundamental rights are negative in character, DPSPs are positive
Fundamental rights are justiciable and legal enforceable, directive principles are not
Fundamental rights am at establishing political democracy, the directive principles aim at establishing social and economic democracy
The fundamental rights have legal sanction, the directive principles have moral and political sanctions
The fundamental rights promote welfare of the individual, DPSPs promote welfare of the community
Fundamental rights in our require any legislation for the implementation, DPSPs require legislation for the implementation
The courts are bound to declare a law void if it violates any of the fundamental rights, the court cannot declared a law violative of any DPSP
The conflict between fundamental rights and directive principles of state policies are exemplified by the following cases:
Champakam Dorairajana case of 1951 where fundamental rights were more powerful than DPSP,
The Golaknath case of 1967 where fundamental rights were transcendental and immutable.
Hence, fundamental rights are greater than DPSPs.
