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Indian Constitution- Directive Principles of State Policy | Article 36-51

Directive Principles of State Policy

Constitution of India

 

Directive Principles of State Policy

PART IV | Article 36-51

 

Directive principle of State Policy are borrowed from Ireland, Ireland borrowed from Sweden

In Sweden, these are known as Directive of social Policy Principle

Directive principle of State Policy(DPSP) are known as Non Justiciable rights. The Purpose is to establishment Welfare of people. For this reason Dr B.R Ambedkar observed that Directive principle of State Polices(DPSP) are instruments of instructions in government of India

Directive principle of State Policy(DPSP) main purpose is to ensure socio economic political justices

 

Classification of Directive Principle of State Policy(DPSP)

 

Prof M.P Sharma classified Directive principle of State Policy(DPSP) into 3 category. He is 1st professor of public administration in India

a) Socialistic principles

b) Gandhian Principles

c) Liberal principles

This classification is extra constitutional classification(Not available in Indian constitution)

 

Article 36 of Indian constitution: Definition of State
This
article defines the state. State include central, State government, union territories, Local government, universities, Board and any agency of Govt and corporation

Definition of state is also observed in Article 12. Both Article 12 and article 36 defines the state.

 

Article 37 of Indian constitution: Application of the Directive principles
This article say the application of Directive principle of State Policy(DPSP), which are Non Justiciable

 

Socialistic Directive Principles of State Policy: Article 38 to 43

 

Article 38 of Indian constitution: State to secure a social order for the promotion of welfare of the people
This article says, state shall secure the social order for welfare of the people which includes minimizing the inequalities in income, status and also minimizing the disparity between the rich and poor

 

Article 39 of Indian constitution: Certain principles of policy to be followed by the state
This article says, Govt has to follow principles and polices while making the law

a) To Provide right and adequate means to livelihood

b) Community ownership and control of material resources in order have equitable distribution of wealth

c) Concentration of wealth is prevented, there must be equal pay for equal work both for men and women

d) Children’s are not forced by economic necessity or occupation unsuited to age and strength

f) The children are given opportunities and facilities to develop ion healthy manager and in the conditions of freedom , dignity and that children are protected against the moral and material exploitation

Note: Article 39(f) was added in 42nd amendment 1976

 

Article 41 of Indian constitution: Right to work, to education, and to public assistance in certain cases
This article says, working conditions in work place should be just and humane. It should not be hazardous to health

 

Article 42 of Indian constitution: Provision for just and humane conditions of work and maternity relief
This article says, Maternity relief to women in working place without loss of pay

 

Article 43 of Indian constitution: Living, Wage etc for worker
This article says, adequate measures to be taken in living wages for workers and social security measures

 

Gandhian principles of Directive Principles of State Policy

 

Article 40 of Indian constitution: Organization of Village Panchayats
This article says, establishment of Gram Panchayat in order to achieve Grama Swaraj

 

Article 46 of Indian constitution: Promotion of educational and economic interests of SC/ST and other weaker sections
This article says, upliftment of downtrodden i e., Scheduled caste, Scheduled Tribe and OBC

 

Article 47 of Indian constitution: Duty of the state to raise the level of nutrition and the standard of living and to improve public health
This article says, Imposition of complete ban on liquor, drugs in other intoxicates which are injurious to public health. However they are allowed in industrial and medical purposes

 

Article 48 of Indian constitution: Organization of agriculture and animal husbandry
This article says, Organization of agriculture in scientific manner, ban on slaughter of cows and other animals which are useful to daily development and agriculture

 

Liberal Directive Principles of State Policy

 

Article 44 of Indian constitution: Uniform civil code for citizens
Implementation of uniform civil code.

Note: Only state implementing uniform civil code is Goa

 

Article 45 of Indian constitution: Provision for early childhood care and education to children below age of 6 yrs
This article says, free pre-primary education to the children of age 0-6 yrs. This Directive principle of State Polices(DPSP) made as fundamental right by 86th amendment 2002 by adding Article 21(A)

 

Article 49 of Indian constitution: Protection of monuments and places and objects of national importance
This article says, protection and maintenance of historical significant places

 

Article 50 of Indian constitution: Separation of judiciary from executive

 

Article 51 of Indian constitution: Promotion of international peace and security

This article says, Settlement of international disputes with other countries with Peaceful, friendly, amicable through negotiations

 

New Directive Principles of State Policy

 

New Directive principle of State Policy(DPSP) were added by 42nd amendment 1976 which are given below

Article 39(A) of Indian constitution: Equal justice and free legal aid
This article says, Equal justice and free legal aid for poor and needy

 

Article 43(A) of Indian constitution: Participation of workers in management of industries
This article says, Participation of workers in the management of industry and profit sharing(Bonus)

 

Article 48(A) of Indian constitution: Protection and improvement of environment and safeguard of forest and wildlife
This article says, Protection of environment and wildlife

 

Directive Principles of State Policy outside Part IV of the constitution

 

Part XVI: Article 335 of Indian constitution: Claims of SC and ST to services and posts
This article says, claims of SC/ST shall be considered in the matter of public employment if they don’t have adequate representation without disturbing general merit

 

Part XVII: Article: 350(A) of Indian constitution: Language to be used in representations for redress of grievances
This article says, Providing facilities for primary education in mother tongue

 

Part XVII: Article 351 of Indian constitution: Directive for development of the Hindi language
This article says, recognition of Hindi as National Language

 

Criticism of Directive Principles of State Policy

 

1) These are Non justiciable

2) Some of the directives are outdated because they represents 18th century socialism

3) They are contradictory with fundamental rights

4) Prof. K. T Shah member of Constituent Assembly opined, DPSP are post dated cheque payable available at convince of the bank

5) Naseeruddin Shah observed that DPSP’s are like instruments of instruction which ensure socio economic justice

6) T.T Krishnama Chary, one of the member of drafting committee opined that DPSP’s are like dustbin of variety sections

7) Granville Austin opined that DPSP’s are like social revolution

8) M.C. Chagla opined that If the directives are implemented properly, India will becomes heaven on earth

9) Alladi Krishna Swami Ayer opined that No responsible government can ignore DPSP’s

 

Conflict between Directive Principles of State Policy and Fundamental Rights

 

a) Golaknath Case 1967  

b) Kesavananda Bharati case 1973

c) Minerva Mill case 1980

 

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