Wednesday, 12 September 2012

Directive Principles of State Policy

  • Directive Principles of State Policy (DPSP) contained in Part IV of the Constitution of India
  • These provisions are not enforceable by any court, but are considered fundamental in the governance of the country.
  • These are enforceable through elections as government which works for the betterment of people will be reelected.
  • These provisions are inspired by the Constitution of Ireland and also by the principles of Gandhism.
  • Directive Principles are classified under the following categories:
a. Gandhian – Article 40,46,47,48.
b. Socialistic- Article 39, 39A, 42,43A.
c. Western Liberal- Article 44,45,50,51.
  • They aim to establish social and economic democracy through a welfare state.
  • A welfare state is a concept in which the state attempts to protect and promote the economic and social well-being of its citizens.
  •  According to Article 31-C ( inserted by the 25th Amendment Act of 1971 ),  If laws are made to give effect to the Directive Principles over Fundamental Rights, they shall not be invalid on the grounds that they take away the Fundamental Rights. In case of a conflict between Fundamental Rights and DPSP's, if the DPSP aims at promoting larger interest of the society, the courts shall have to uphold the case in favour of the DPSP.
The various articles on Directive Principles are as follows:
  •  Article 38 instructs the State to promote welfare of the people
  •  Article 39(a) it talks about state's role in providing adequate means of livelihood to all its citizens.
  • Article 39(b) it talks about state's role for equitable distribution of resources.
  • Article 39(c) provides for prevention of concentration of wealth in fewer hands.
  • Article 39(d) provides for equal pay for equal work, for both men and women.
  • Article 39(e) provides for prevention of abuse of workers, men and women, and  children.
  • Article 39(f) (added by 42nd Amendment) protects children against exploitation and given opportunities for their healthy development.
  • Article 39(A) (added by 42nd Amendment), provides for equal justice and free legal Aid.
  • Article 40 says that the state shall organize village Panchayats as units of self-government.
  • Article 41 provides for right to work, public assistance in case of unemployment, old age, sickness and disablement keeping in view the limitations of economic resources.
  • Article 42 Provides for just and humane conditions of work and maternity relief. 
  • Article 43 provides for living wages for worker and a decent standard of life, leisure and social and cultural opportunities for people.
  • Article 43(A) (added by 42nd Amendment), provides for participation of workers in the management of industry and other Undertakings.
  • Article 44 provides for a Uniform Civil Code applicable to the entire country.
  • Article 45 provides free and compulsory education to children till 14 years of age. It has now been made a fundamental right under Article 21 A  by 86th Amendment Act, 2002..
  • Article 46 provides for protection of educational and economic interests of scheduled castes and scheduled tribes and other weaker sections of the society.
  • Article 47 provides for prohibition of consumption of intoxicating liquor and to raise the level of nutrition and fine improvement of public health.
  • Article 48 provides for preserving and improving the breeds and prohibiting the slaughter of cows, calves and other milks and draught cattles.
  • Article 48A (added by 42nd Amendment), provides for protection and improvement of the environment and to safeguard the forests and wild life of the country.
  • Article 49 provides for protection of monuments of historical and national importance.
  • Article 50 provides for separation of judiciary from executive.
  • Article 51 provides for promotion of international peace and security.
 Implementation of Directive Principles
  • “Sarva Siksha Abhiyan” for Universalisation of Elementary Education The 86th constitutional amendment of 2002 inserted a new article, Article 21-A, into the Constitution, that seeks to provide free and compulsory education to all children aged 6 to 14 years.
  •  Welfare schemes for the weaker sections are being implemented both by the Central and state governments. These include programmes, such as boys' and girls' hostels for scheduled castes' or scheduled tribes' students. In order to protect scheduled castes and scheduled tribes from atrocities, the Government enacted the The Prevention of Atrocities Act, which provided severe punishments for such atrocities.
  • Several Land Reform Acts were enacted to provide ownership rights to poor farmers.  The thrust of banking policy in India has been to improve banking facilities in the rural areas.
  •  The Minimum Wages Act of 1948 empowers government to fix minimum wages for employees engaged in various employments.
  •  The Consumer Protection Act of 1986 provides for the better protection of consumers.
  • The Equal Remuneration Act of 1976 provides for equal pay for equal work for both men and women.
  •  The MNREGA  was launched to attain the objective of gainful employment for the rural poor. The programme was implemented through the Panchayati Raj institutions.
  • Panchayati Raj now covers almost all states and Union territories. One-third of the total number of seats has been reserved for women in Panchayats at every level.
  • Legal aid at the expense of the State has been made compulsory in all cases pertaining to criminal law, if the accused is too poor to engage a lawyer.
  •  Judiciary has been separated from the executive in all the states and Union territories except Jammu and Kashmir and Nagaland.
  • India's Foreign Policy has also to some degree been influenced by the DPSPs. India has in the past condemned all acts of aggression and has also supported the United Nations’ peace-keeping activities.  Indian Army had participated in many UN peace-keeping operations. India has also been in favour of nuclear disarmament.
Failure: Uniform Civil Code still not implemented.

Directives in other parts of the constitution
  • Article 350A - Every State and of every local authority shall provide adequate Facilities for instruction in mother-tongue at primary stage of education to children belonging to linguistic minority groups.
  • Article 351 - It shall be the duty of the Union to promote the spread of the Hindi language, so that it may serve as a medium of expression for all the elements of the composite culture of India.
  • Article 335 - The claims of the members of the Scheduled Castes and the Scheduled Tribes 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 the affairs of the Union or of a State.
Difference between Fundamental Right and Directive Principles of State Policy

              Fundamental Right

1. Part-III, containing articles from 12 to 35 deal with Fundamental Rights.

2. The Fundamental Rights can be enforceable by a court against the State.

3. These are primarily aim at assuring political freedom to the citizens by protecting them against the excessive State action.

4.  Fundamental rights are the means to attain goals.

5. Fundamental rights are described in judgment of the Supreme Court as “transcendental”, “inalienable” and “personal”.

6. There are negative in character. The State is asked not to do certain things.

      Directive Principles of State Policy

1. Part –IV, containing Articles from 36 to 50, deal with Directive Principle of State Policy.
2. The Directive Principles of State Policy cannot be enforceable by any Court.

3. These are aimed at securing welfare, social and economic freedoms by appropriate State action.

4.  Directive Principles are the goal to be attained.

5. The Supreme Court described the Directive Principles of State policy as “Conscience of our Constitution”.

6. These are positive in character. The State is directed to take certain positive steps for the welfare and advancement of the people.

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