The directive principal of state policy

TOPIC :-

GROUP MEMBERS :-

1. Diksha Shukla2. Shailja Kumari3. Sanjana Chakrabarty4. Anumoy Modok5. Ankur Bagchi

• Part IV of IndianConstitution describes‘Directive Principles ofState Policy’ (DPSP). ThisSection of The IndianConstituiton prescribes thefundamental obligations ofthe State to its citizens andthe duties of the citizens tothe State.

Definition of Directive Principles

Of

State Policy

About The Directive Principals: PART IV

•The Directive Principal Of State Policy embodied in part IV are itself an unique feature of our Constitution.

•Besides the precedent of the Irish Constitution, the basic Inspiration for DPSP chapter came from the concept of a welfare state(Keshavananda Bharti V/S State of Kerala, AIR 1973 SC 146).

•The Directive Principles of State Policy together constitute a manifesto for securing and strengthening the socio-economic foundations of Indian Democracy.

Origin Of The Directive Principles Of State Policy :-

The concept of Directive Principles of State Policy

was borrowed from the Irish Constitution. The

makers of the Constitution of India were

influenced by the Irish nationalist movement.

Hence, the Directive Principles of the

Indian constitution have been greatly

influenced by the Directive Principles

of State Policy. The idea of such policies

"can be traced to the Declaration of the Rights of

Man proclaimed by Revolutionary France and the

Declaration of Independence by the American

Colonies."

Implementation of the Directive Principles :-

• As mentioned earlier, unlike the fundamental rights which are guaranteed by the Constitution of India, the Directive Principles do not have a legal sanction and cannot be enforced in a court of law. However, the State is making every effort to implement the Directive Principles in as many sectors as possible. The noteworthy implementation is the 86th constitutional amendment of 2002 which inserted a new article, Article 21-A, making free education for children below the age of 14 compulsory. Prevention of Atrocities Act safeguarding the interests of SC and ST, several Land Reform Acts, Minimum Wage Act (1948), are a few other examples of the implementation of the Directive Principles. Based on the guidelines of the Directive Principles, the Indian Army has participated in 37 UN peace-keeping operations.

Characteristics Of The DPSP :-

• Directive Principles of State Policy aim to create social and economic conditions under which the citizens can lead a good life.

• They also aim to establish social and economic democracy through a welfare state.

• 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.

• The Directive Principles are non-justiciable rights of the people.

• 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 favourof the DPSP

Categories Of The Directive Principles :•Socialistic Directives: This part contains the directives for

securing the welfare of the people of India, equal distribution of the material resources of the country protection of the fundamental rights of the children and youth, equal pay for equal work, education etc.

•Gandhian Directives: Under these directives are the guidelines for organising village Panchayat, prohibition of intoxicating drinks and cow-slaughter, secure living wage, decent standard of life, and to promote cottage industries, to provide free and compulsory education to all children up to 14 years of age etc.

• Liberal Intellectual Directives: In this section there are guidelines for uniform civil code throughout the country and the legislatures to follow in issuing orders or making laws.

Some Features Of The Directive Principles :-

• The State should strive to promote the welfare of the people.

• Maintain social order through social, economic and political justice.

• The State should strive towards removing economic inequality.

• Removal of inequality in status and opportunities.

• To secure adequate means of livelihood for the citizens.

• Equal work opportunity for both men and women.

• Prevent concentration of wealth in specific pockets through uniform distribution of the material resources amongst all the strata of the society.

• Prevention of child abuse and exploitation of workers.

• Protection of children against moral and material abandonment.

Amendments :-• Changes in Directive Principles require a Constitutional amendment

which has to be passed by a special majority of both houses of the Parliament. This means that an amendment requires the approval of two-thirds of the members present and voting. However, the number of members voting should not be less than the simple majority of the house – whether the Lok Sabha or Rajya Sabha.

•Article 31-C, inserted into the Directive Principles of State Policy by the 25th Amendment Act of 1971 seeks to upgrade the DPSPs. 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.

•Article 45, which ensures Provision for free and compulsory education for children, was added by the 86th Amendment Act, 2002.

•Article 48-A, which ensures Protection and improvement of environment and safeguarding of forests and wild life, was added by the 42nd Amendment Act, 1976.

There is no doubt about the fact that the Directive

Principles of the Indian Constitution are the moral

precepts with an educative value and stand for the

ideals of this great nation. Ambedkar considered

them as powerful instruments for the transformation

of India from a political democracy into an economic

democracy. The directives will help find the perfect

way to a bright future through balanced inclusion of

both individual liberty as well as public good. This

instrument of instruction should be adopted with

open arms to help transform India into a power to

reckon with.