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Chapter 05. Directive Principles Of State Policy (Polity & Constitution of India Notes)

DIRECTIVE PRINCIPLES OF STATE POLICY

➤ The constitution of India aims to establish not only political democracy but also socioeconomic justice to the people to establish a welfare state.
➤ These provisions are given in Part IV of Indian Constitution.
➤ Directive Principles of state policy are in the form of instructions to the governments at the centre as well as states.
➤ Though these principles are non justiciable, they are fundamental in the governance of the country.
➤ The idea of the Directive Principles of State Policy has been taken from the Irish Republic.
➤ The Directive Principles of State policy were incorporated in our constitution in order to provide economic justice and to avoid concentration of wealth in the hands of few people.
➤ The constitution covers from Article 36 to 51 as Directive Principles of State Policy.
➤ They are unique blend of socialistic, liberal, democratic and Gandhian Principles.
➤ They describe as the ‘conscience of the constitution’.
➤ In the “State of Tamil Nadu etc.
Vs L.Abu Kavur Bai” case in 1984, the Supreme court held that although directive principles of State Policy are not enforceable, yet the court should not avoid them.

CLASSIFICATION OF DPSPS :

1. Socialist Principles
2. Gandhian principles
3. Liberal Principles
Socialist Principles :
These principles reflect the ideology of socialism. They lay down the framework of a democratic socialist state, aim at providing social and economic justice and set the path towards welfare state. The articles which contains socialist principles are :
Article 38 : To promote the welfare of the people by securing a social order permeated by justice- social, economic and political and to minimise inequalities.
in income, status, facilities and opportunities.
Article 39 : To secure
(a) the right to adequate means of livelihood for all citizens.
(b) the equitable distribution of meterial resources of the community for the common good;
(c) prevention of concentration of wealth and means of production.
(d) equal pay for equal work for men and women.
(e) preservation of the health and strength of workers and children against forcible abuse, and
(f) opportunities for healthy development of children.
Article 39(A) : To promote equal justice and to provide free legal aid to the poor.
Article 41 : To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement.
Article 42 : To make provision for just and humane conditions for work and maternity relief.
Article 43 : To secure a living wage, a decent standard of life and social and cultural opportunities for all workers.
Article 43 A : To take steps to secure the participation of workers in the management of industries.
Article 47 : To raise the level of nutrition and the standard of living of people and to improve
Gandhian Principles :
These principles are based on Gandhian ideology. They represent the programme of reconstruction enunciated by Gandhi during the national movement. In order to fulfill the dreams of Gandhi, some of his ideals were included as Directive Principles. These are.
Article 40 : To organise village panchayats and endow them with necessary powers and authority to enable them to function as units of selfgovernment.
Article 43 : To promote cottage industries on an individual or cooperation basis in rural areas.
Article 43 B : To promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.
Article 46 : To promote the educational and economic interests of SC & ST and other weaker sections of the society and to protect them from social injustice and exploitation.
Article 47 : To prohibit the consumption of intoxicating drinks and drugs which are injurious to health.
Article 48 : To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds.
Liberal Principles :
These principles represent the ideology of liberalism. These are—
Article 44 : The state will try to secure for the citizens a uniform civil code throughout the territory of India.
Article 45 : The state shall endeavour to provide early childhood care and education for all children until they complete the
Article 48 : To organise agriculture and animal husbandry on modern and scientific lines.
Article 48 A : To protect and improve the environment and to sateguard forests and wildlife.
Article 49 : To protect monuments, places and objects of artistic or historic interest which are declared to be of national importance.
Article 50 : The state shall separate the judiciary from the executive in the public services of the state.
Article 51 : To promote international peace and security.
— Maintain just and honourable relations between nations.
— To foster respect for international law and treaty obligations — To encourage settlement of international disputes by arbitration.

DIRECTIVE PRINCIPLES ADDED BY 42ND AMENDMENT ACT, 1976

The 42nd Amendment Act of 1976 added four new Directive principles to the original list.
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 the environment and to safeguard forests and wildlife.
DIRECTIVE PRINCIPLE ADDED BY 44th AMENDMENT ACT, 1978
Article 38 : The state to minimise inequalities in income, status, facilities and opportunities.
DIRECTIVE PRINCIPLE ADDED BY 86th AMENDMENT ACT, 2002
It changed the subject matter of Art 45 and made elementary education a fundamental right under Art 21A. The amended directive required the state to provide early childhood care and education for all children until they complete the age of six years.
DIRECTIVE PRINCIPLES ADDED BY 97th AMENDMENT ACT, 2011
Article 43 B : It requires the state to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.
DIRECTIVE PRINCIPLES OUTSIDE PART IV OF THE CONSTITUTION
Article 335 : The claims of the members of the SCs and the STs 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 a state.
Article 350 A : It shall be endeavour of every state and every local authority within the state to provide adequate facilities for instruction in the mother-tongue at the 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 and to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India.

DIFFERENCE BETWEEN DPSPS AND FUNDAMENTAL RIGHTS

Fundamental Rights Directive Principles
1. These are negative as they prohibit the State from doing certain things.1. These are positive as they require the State to do certain things.
2. These are justiciable, that is, they are legally enforceable by the courts in case of their violation.2. These are non – justiciable, that is, they are not legally enforceable by the courts for their violation.
3. Aim at political democracy.3. Aim at social and economic democracy
4. Have legal sanctions.4. Have moral and political sanctions.
5. They promote the welfare of the individual. Hence, they are personal and individualistic.5. They promote the welfare of the community. Hence, they are societarian and socialistic.
6. They do not require any legislation for their implementation. They are automatically enforced.6. They require legislation for their implementation. They are not automatically enforced.
7. The courts are bound to declare a law violative of any of the Fundamental Rights as unconstitutional and invalid.7. The courts cannot declare a law violative of any of the Directive Principles as unconstitutional and invalid. However, they can uphold the validity of a law on the ground that it was enacted to give effect to a directive.

Conflict Between FRs and DPSPs
The justifiability of Fundamental Rights and non – justifiability of Directive Principles on the one hand and the moral obligation of State to implement Directive Principles (Article 37) on the other hand have led to a conflict between the two since the commencement of the Constitution.

Cases/ActsStatus of fundamental rights vs DPSPAmenability by Parliament
Champakam Dorairajan caseFR > DPSPYes
Golaknathz&sz – (1967).FR > DPSPNo
24th Amendment ActDPSP > FRYes
Minerva Millscase – (1980FR > DPSPYes Without violating basic structure doctrine

Therefore, the present position is that the Fundamental Rights enjoy supremacy over the Directive Principles. Yet, this does not mean that the Directive Principles cannot be implemented. The Parliament can amend the Fundamental Rights for implementing the Directive Principles, so long as the amendment does not damage or destroy the basic structure of the Constitution.

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