Directive Principles of State Policy
General Overview
- Part 4 from Article 36 to 51
- Ambedkar says it “Novel Feature of the Constitution”
Features
- Ideals that the state should keep in mind while formulating policies
- Article 36 says ‘State’ means the same as Part 3
- Instrument of Instructions
- Comprehensive economic, social, political program and higher ideals for justice, liberty, equality and concept of welfare of state
- Non justiciable in nature i.e., not legally enforceable, but they are fundamental in the governance
- Article 37
- Though non justiciable, helps the court in determining the constitutional validity
Classification
- Socialist Principle
- Article 38
- Promote welfare of people
- Minimise inequality in income, status, opportunities (44th CAA, 1978)
- Article 39
- To secure
- Adequate means of livelihood for all citizens
- Equitable distribution material resources
- Prevention of concentration of wealth
- Equal pay for equal work for men and women
- Preservation of health and strength of the workers and children against abuse
- Opportunity for health development of children (42nd CAA, 1976)
- Article 39A
- To promote equal justice and provide free legal aid to the poor (42nd CAA, 1976)
- Article 41
- To secure right to work, to education, public assistance in case of unemployment, old age, sickness and disability
- Article 42
- To make provision for just and humane conditions of work and maternity relief
- Article 43
- To secure living wages, a decent standard of life and social cultural opportunities for all workers
- Article 43A
- To take steps to secure the participation of the workers in the management of industries (42nd CAA, 1976)
- Article 47
- To raise the level of nutrition and the standard of living of people to improve public health
- Gandhian Principle
- Article 40
- To organise village panchayat and endow them with necessary power
- Article 43
- To promote cottage industries on an individual or corporation in rural areas
- Article 43B
- To promote cooperative societies (97th CAA, 2011)
- Article 46
- To promote education and economic interest of SC, ST and other weaker sections
- Article 47
- Prohibition on intoxicating drinks and drugs
- Article 48
- To prohibit slaughtering of cow, calves and other milch
- Liberal-Intellectual Principle
- Article 44
- Uniform civil code throughout the country
- Article 45
- Early childhood education until they attain 6 years of age
- Article 48
- To organise agriculture on modern line
- Article 48A
- To protect and improve wildlife and forest (42nd CAA, 1976)
- Article 49
- To protect monuments and places of national importance
- Article 50
- To separate the judiciary and executive in public services
- Article 51
- To protect international peace
Criticism
- No legal force
- Illogically arranged
- Conservative
- Constitutional conflict
FR vs DPSP
- Fundamental Rights
- They are negative in character
- Justiciable, legally enforceable
- Aim at establishing political democracy
- Have legal sanctions
- Promote welfare of individual
- Don’t require any legislation for their implementation
- Courts are bound to declare a law violative of any of the FR as unconstitutional and invalid
- DPSP
- They are positive in character
- Non justiciable
- Aims at establishing social and economic democracy
- Moral and political sanctions
- Promote welfare of the community
- Require legislation for implementation
- Court can’t declare any law violative of any DPSP
Directives outside Part 4
- Claims of SC and ST to services
- Article 335 in Part 16
- Instruction in mother tongue to children belonging to linguistic minority group
- Article 350A in Part 17
- Development of Hindi Language
- Article 351 in Part 17