.
The Constitution of India is the
supreme law of India.
It came into existence on January 26,
1950.
Part IV (Article 36-51) deals with
various Directive Principles of State
Policy.
Questions
Is
India a socialist or a capitalist
country? What are your reasons?
INTRODUCTION
The
Directive Principles of State Policy,
embodied in Part IV of the constitution, are
directions given to the central and state
governments to guide the establishment of a
just society in the country.
According to the constitution, the government
should keep them in mind while framing laws,
even though they are non-justiciable in
nature. Directive Principles are classified
under the following categories: Gandhian,
social, economic, political, administrative,
legal, environmental, protection of
monuments, peace and security.
Article
36 to 51 of the Constitution of India
embodies the Directive Principles of State
policy and for these we are indebted to the
Constitution of Ireland. The objective is to
establish a social and economic democracy
in India
Article 37 reveals that :
1. The Directive Principles are not justiciable
2. They are Fundamental in the governance of
the country
3. It shall be the duty of the State to apply
these Directive Principles while formulating
policies or making laws for the governance
of the State
Constitution Directive Principlies
Directive Principles of State Policy
embodied in Part IV of the
Constitution(Art 36 to 51)
Contain the principles Fundamental in the
governance of the country
Directive Principles
State shall strive to promote welfare of
people securing social, economic and
political justice
State shall strive to minimise inequalities in
income
State shall direct its policy towards
securing the same
Ownership & control of the material
resources of the community are so
distributed as best to subserve the
common good
6
Directive Principles
Operation of the economic system does not
result in the concentration of wealth and
means of production to the common
detriment
Securing living wage of worker, just and
humane conditions of work, participation of
workers in management
Securing uniform civil code for the citizens
throughout the territory of India
7
CLASSIFICATION
Socialist
Principles
Liberal Principles
Gandhian Principles
International principles
SOCIALIST PRINCIPLES
Article
38 of the Constitution of India shall
endeavour to formulate such social system
which will secure social, economic and
political justice to all in all the spheres of
life.
Article 39(a) the state shall try to
formulate its policyin such a manner so as
to secure adequate means of livelihood for
all its citizens.
Article 39(b) the ownership of material
resources would be controlled in such a
manner so as to subserve the common
good.
Article
39(c) the economy of the state
will be administered in such a manner so
that wealth may not yet be concentrated
in a few hands and the means of
production may not be used against the
public interest.
Article 41 of the Indian Constitution of
the State will work within the limits of its
economic viability and progress, provide
to the citizens the right to work, the right
to education and general assistance in
the event of unemployment, old age,
disease and other disabilities.
Article
42 of the Indian Constitution
the state will make provisions for the
creation of just and humane
conditions of work. It will also ensure
maternity relief.
Artcle 43 of the Indian Constitution
the state will ensure adequate wages,
good life and rest to the labourers.
The state will also endeavour to make
available to the labourers various
socio-cultural facilities.
LIBERAL PRINCIPLES
Artcle
44 of the Indian Constitution? The
State shall endeavour to formulate and
implement a Uniform civile-code for all the
people livingthroughout the territory of
India.
Artcle 45 of the Indian Constitution the
State shall endeavour to provide early
childhood care and education for all the
children untill they complete the age of six
years.
Artcle 47 of the Indian Constitution the
State shall strive to raise the level of
nutrition and the standard of living. Thus, it
will endeavour to improve upon the health
of the people.
Artcle
48 of the Indian Constitution,
the State shall strive to organise
agriculture and husbandary on
modern and scientific lines. It will
also try to maintain and improve
upon the breed of the animals.
Article 50 of the Indian Constitution
the state will try to separate the
judiciary from the executive in the
case of public service.
GANDHIAN PRINCIPLES
Article
40, State will strive to organise
Panchayats in villages and will endow
them with such powers which enabel them
to act as units of self government.
Article 43, the state shall strive to develop
the cottage industry in the rural areas
both, on individual or co-operative basis.
Article 47,the state will strive to ban the
consumption of wine, other intoxicating
drinks and all such commodities which are
considered injurious to health.
Article 48 reveals that State will ban
slaughtering of cows, calves and other
milch cattle.
INTERNATIONAL
PRINCIPLES
Article 51(a)- The State will strive to
promote international peace and
security.
Article 51(b)- The State will strive to
maintain just and- honourable relations
among various states in the world.
Article 51(c)- The State will endeavour
to promote respect for International
treaties, agreements, and law.
Article 51(f)- The State will strive to
settle international disputes by
arbitration.
History
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.
The principles have been inspired by the
Directive Principles given in the Constitution
of Ireland and also by the political thought of
Ambedkar and Gandhi
It relates to social justice, economic welfare,
foreign policy, and legal and administrative
matters.
Definition
The Directive Principles of State Policy are
guidelines to the central and state
governments of India, to be kept in mind while
framing laws and policies. These provisions,
contained in Part IV of the Constitution of
India, are not enforceable by any court, but the
principles laid down therein are considered
fundamental in the governance of the country,
making it the duty of the State to apply these
principles in making laws to establish a just
society in the country.
Characteristics
DPSPs aim tocreate social and economic conditions under which
the citizens can lead a good life.
establish social and economic democracy through a
welfare state.
They act as a, yardstick in the hands of the people to
measure the performance of the government.
The Directive Principles are non-justiciable rights of
the people.
The Directive Principles, though not justiciable, are
fundamental in the governance of the country.
DIRECTIVEs.
Article 36:Definition of state:
The State includes the Government and
Parliament of India and the Government and the
Legislature of each of the States and all local or
other authorities within the territory of India or
under the control of the Government of India.
Article 37:-
Application of the principles.
Contd
Article 38:State to secure a social order for the
promotion of welfare of the people.
Article 39:Certain principles of policy to be
followed by the State.
-equal rights to men and women.
-ownership of resources.
-equal pay for equal work.
-protection of children..
Contd
Article 39 A:Equal justice and free legal aid.
- to citizens having economic or other
disabilities.
Article 40:Organisation of village panchayats.
Article 41:
Right-to work, to education and to
public assistance in certain cases.
Contd
Article 42:Provision for just and humane conditions
of work and maternity relief .
Article 43:Living wage, good working conditions
etc. , for workers .
Article 43 A:Participation of workers in management
of industries.
Contd
Article 44:Uniform civil code for the citizens.
Article 45:Provision for free and compulsory
education for children.
Article 46:Promotion of educational and economic
interests of Scheduled castes , Scheduled
Tribes and other weaker sections.
Contd
Article 47:Duty of the State to raise the level of
nutrition and the standard of living and to
improve public health.
Article 48:Organisation of agriculture and animal
husbandry.
Article 48 A:Protection and improvement of
environment and safeguarding of forests
and wildlife.
Contd
Article 49:Protect ion of monuments and places
and objects of national importance.
Article 50:Separation of judiciary from executive.
Article 51:Promotion of international peace and
security.
-just and honorable relations.
-encourage settlement of
international disputes by
arbitration.
Implementation of DPSPs
through
Land Reform Acts.
Banking policy.
Fixation minimum wages for employees
engaged in various employments.
Welfare schemes for the weaker
sections.
Nucleardisarmament.
Contd...
Panchayati Raj.
The Equal Remuneration Act of 1976.
Consumer Protection Act of 1986.
The 86th constitutional amendment of
2002 inserted a new article, Article 21-A.
Amendments to DPSPs
An amendment requires the approval of two-thirds
of the members present and voting.
Major amendments
Article 31-C, inserted into the Directive
Principles of State Policy by the 25th
Amendment Act of 1971 seeks to upgrade
the DPSPs.
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.
Contd
Article 45, which ensures Provision for
free and compulsory education for
children, was added by the 86th
Amendment Act, 2002.
IMPORTANCE OF DIRECTIVE
PRINCIPLES
1.
2.
3.
4.
5.
6.
7.
8.
9.
These Principles are directives for the States
Lay down the foundation of Economic
Democracy
These are measuring rods to judge the
achievements of the Government
They establish welfare state
These are Fundamental in the Governance of
the country.
These Principles supplement Fundamental
rights
Guiding Principles for courts
They bring stability and continuity in State
policies
Educative value of Directive Principles.
Conclusion
DPSPs areonon-justiciable rights of the people.
o guidelines to the central and state govts
of India.
onot enforceable by any court.
oconsidered fundamental in the
governance of the country.
It the duty of the State to apply these
principles in making laws to establish a
just society in the country.
CRITCISM OF DIRECTIVE
PRINCIPLES OF STATE POLICY
1.
2.
3.
4.
5.
6.
7.
8.
9.
These are Non-justiciable
Not more than moral principles
No proper classification is done
Some Directive Principles are not
practicable
These are foreign in nature
Against the principle of State Sovereignity
It is illogical to include these princciples in
the constitution
These are responsible for Constitutional
conflicts
No mention of methods to implement
them
Contd
Duties of the state
Building a just and equitable society
Laws and regulations aimed at improving the
lives of the marginalized
Obligations of the state towards citizens
Question
Why
does India pursue nuclear
arms although the DPSP asks for
nuclear diarmament?
References
Avasthi,
A.P, Indian Government and Politics,
Narain Agarwal, Agra, 2001.
Fadia, B.L, Indian Government and Politics,
Sahitya Bhawan Publication, Agra, 2002
Ghai, U.R, Indian Government and Politics,
New Academic Publishing, Jalandhar, 2002.
Gupta, D.C, Indian Government and
Politics,Vikas Publishing House, New Delhi,
1978
Johari, J.C, Indian Government and Politics,
Vishal Publication, 1979.
Thank
you
