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Polity > DPSP > Flashcards

DPSP Flashcards

1
Q

Part and articles related to DPSP

A

Part IV and article 36-51

Article 36- definition of State same as part III
Article 37 - not enforceable nevertheless fundamental in governance

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2
Q

DPSP borrowed from?

A

Irish constitution

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3
Q

BR ambedkar called DPSP as?

A

DPSP are novel features of the constitution

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4
Q

DPSP+ FR?

A

Contains soul and philosophy of Indian constitution

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5
Q

Definition of DPSP

A

Constitutional recommendations or instructions to the state in Legislative, executive and administrative matters. Denotes the ideal that state should keep in mind while formulating policies and enacting laws

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6
Q

DPSP resemble the?

A

Instruments of instructions in GOI Act,1935

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7
Q

Features of the DPSP

A

•embody the concept of welfare state and not of police state
•seeks to establish economic and social democracy in the country
•non justiciable, not legally enforceable by courts for their violation
•fundamental in the governance of the country
•helps the court in examining and determining the constitutional validity of law➡️ Art 31C protects the laws that seeks to implement the socialist DPSP 39b and 39c even if they violate Art 14 or 19

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8
Q

Classification of DPSP

A

Constitution doesn’t classify and we’ve classified on the basis of content

Socialist principles - aims at providing social and economic justice and set the path towards welfare state such as Article - 39,43

Gandhian principles - based in Gandhian ideology enunciated by Gandhiji during the freedom struggle
Article - 43,47

Liberal - intellectual principles - represents the ideology of liberation
Article 44,51

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9
Q

Which amendment added which article?

A

42nd CAA ➡️ 39, 39A,43A, 48A
44th CAA ➡️ 38
86th CAA ➡️ 45
97th CAA➡️ 43B

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10
Q

Mnemonics to memorize DPSP

A

Art 36-43B = WE Like to Play With Mother’s Cheap PC
Art 44-46 = The University care about Child’s Protection
Art 47-51 - Intoxicants for Cows and Wildlife are not of National Importance - Executive said Internationally

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11
Q

What are the sanctions behind DPSP?

A
  1. Sir BN rau suggested the constituent assembly that rights should be divided into 2 categories: Justiciable rights like FR and non justiciable rights like DPSP
  2. BR Ambedkar said a govt which rests om popular vote can hardly ignore the DPSP while shaping the policies. If any government ignores them, it will certainly have to answer for that before the electorate at election time➡️ DPSP imposes a moral obligation on the government authorities for their application
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12
Q

Why DPSP are non justiciable and legally non enforceable?

A
  1. The country did not have sufficient financial resources at that time
  2. Newly born independent nation might be crushed under burden with this many preoccupation. It should be free to decide the order, the time, place and mode for fulfilling them.
  3. Constitution makers believed more in awakened public opinion rather than in court procedure as ultimate sanction
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13
Q

What are the criticism of DPSP?

A
  1. No legal force ➡️ no justiciable and not legally enforceable in nature
    KT Shah : “pious superfluous”
    KC Wheare : manifesto of aims and aspirations and serve as moral homily
  2. Illogically arranged➡️ not arranged in a logical manner on a consistent philosophy and mixes relatively unimportant issues with the nist vital economic and social questions
    N Srinivasan: the directives are neither properly classified nor illogically arranged
    Ivor Jennings: have no consistent philosophy
  3. Constitutional conflict: might lead to constitutional conflict between C-S
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14
Q

What is the utility/ significance of DPSP?

A
  1. Constitution itself declares that they are fundamental in the governance of the country
  2. Impose moral obligation on state
  3. Part IV ensure the economic and social democracy as opposed to political democracy
  4. They aee supplementary to FR. They are intended to fill the vacuum in the part III by providing for social and economic rights
  5. They serve as crucial test for the performance of government
  6. They serve as the common political manifesto and ensure continuity in policies through consistent philosophy
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15
Q

Relationship between DPSP and FR?(5 phases)

A

Ist phase ➡️ DPSP are subsidiary and subordinate to the FR as ruled in Champkam dorairajan Vs state of Madras (1951)

IInd phase ➡️ FR are superior as ruled in Golak nath case and Re: Kerala education bill case

III Phase➡️ co equal phase as FR cab be amended to implement DPSP through 24th and 25th CAA and KBC

IV phase ➡️ DPSP dominating FR through 42nd CAA

V Phase ➡️ DPSP and FR are complementary to each other as ruled in Minerva mills case

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16
Q

SC cases/amendments related to DPSP vs FR

A

1951 : state of madra vs Champkam dorairajan

In any case of conflict between DPSP vs FR would prevail
DPSP have to conform to and run as subsidiary to FR but it was also held that FR could be amended by CAA

17
Q

SC cases/amendments related to DPSP vs FR

A

1957: Re Kerala education bill case

SC opined the theory of harmonization or harmonious construction under which SC held that there is no inherent conflict between DPSP and FR, but if in a case there is a conflict between two, the court must try to incorporate both of them to the extent possible ie to ensure the implementation of DPSP laong with guaranteeing non violation of FR.
However if such a harmony is not possible then courts have no choice but to give preference to FR

18
Q

SC cases/amendments related to DPSP vs FR

A

1967 : Golaknath case
Parliament cannot take away FR and FR cannot be amended for the implementation of DPSP
On the basis of this judgement, SC held 2 laws:
1. Bank nationalization Act, 1969
2. Privy purses (abolition) act, 1971
Which were enacted to give effect toh DPSP under 39(b) and 39(c) to be unconstitutional on the grounds that they violated FR 14,19,31

19
Q

SC cases/amendments related to DPSP vs FR

A

As a reaction to golak nath judgement, parliament made 2 amendments:
24th CAA : Which declared that parliament has the right to amend any provision of the constitution including the FR
25th CAA : Parliament introduced Art 31C through which if state enacts a law which gives effect to directions under article 39b and 39c and in the process violates art 14,19,31 then that law cannot be held unconstitutional merely on that ground. Also no such law cannot be questioned in the court of law

20
Q

SC cases/amendments related to DPSP vs FR

A

1973: Keshvanand Bharati case
SC held 25th CAA to be constitutionally valid however it struck down that provision that law cannot be questioned in the court of law as judicial review is the basic feature

21
Q

SC cases/amendments related to DPSP vs FR

A

42nd CAA,1976 : Amended Art 31C and extended its scope by including within its protection any law that seeks to implement any of the DPSP and not merely 39b and 39c➡️ gave supremacy to DPSP over FR

Through 44th caa➡️ parliament deleted 19(1)(f) and 31 from fundamental rights

22
Q

SC cases/amendments related to DPSP vs FR

A

1980: Minerva mills case
SC held that changes introduced in Art 31C through 42nd caa were unconstitutional on the grounds that it disturbed the delicate balance between part III and part IV of the constitution and this balance is the basic structure too

23
Q

What is current position of FR vs DPSP

A

under Art 31C a law made to implement DPSP under art 39b and 39c shall prevail over 2 FR ie 14,19 and FR enjoy the supremacy over DPSP but FR can be amended to give effect to DPSP without destroying the basic structure

24
Q

Fundamental rights and DPSP: differences

A
  1. FR are negative as they prohibit state from doing certain things ➡️ dpsp are positive as they require the state to do certain things
  2. Justiciable and legally enforceable ➡️ non justiciable and non legally enforceable
  3. Political democracy ➡️ social and economic democracy
  4. Legal sanction ➡️ moral and political sanction
  5. Promote welfare of an individual ➡️ welfare of the society
  6. Personal and individualistic in nature ➡️ socialist in nature
  7. Do not require legislation for implementation (automatically enforced)➡️ requires legislation for implementation
  8. Any law violative of FR is declared unconstitutional ➡️ any law violative of DPSP is not declared unconstitutional merely on this ground
25
Q

DPSP outside part IV

A

These are also non justiciable in nature

  1. Claims if SC and ST to services(335C)➡️ the claims of SC and ST should be taken in consideration consistently with the maintenance of efficiency of adm in making appointment to the services
  2. Instructions in mother tongue ( art 350A): every state and local authority should provide adequate facilities for instructions in mother tongue at the primary stage of education to children belonging to linguistic minority group
  3. Development of hindi language (art 351): it shall be the duty of the union to promote the spread of hindi language

Polity (17 decks)

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