This document discusses the Directive Principles of State Policy outlined in the Indian Constitution. It begins by introducing Dr. Roman Saini and providing his background. It then classifies the DPSPs into three categories: socialist, Gandhian, and liberal-intellectual. Key socialist principles discussed include ensuring adequate livelihoods, equitable distribution of resources, and equal pay. Gandhian principles focus on empowering village governments and promoting cottage industries. Liberal principles relate to a uniform civil code and protecting the environment. The document notes that while DPSPs are not judicially enforceable, they provide important guidance and establish a welfare framework in India.
1. Presented by Dr. Roman Saini
Directive Principles of State
Policy 4.3
2. About me
• IAS, Doctor and trying to be a good teacher
• If you want to know more, you can read online.
• Spread the word of this education revolution.
• Any query or doubt, please comment below the video on youtube or
on Facebook page: www.facebook.com/romansaini.official
3. Classification
• No official classification in constitution
• But it is divided in 3 categories for academic convenience :
• Socialistic
• Gandhian
• Liberal–intellectual
4. Socialist Principles
• 38 : JUSTICE - social, economic and political, social order, welfare, minimum
inequalities in income
• 39 A: Free legal aid to the poor
• 41: RTE, RTW, RTPA
• 42: Humane conditions for work and maternity relief
• 43: Living wage and decent standard of life
• 43 A: Secure the participation of workers in the management of industries
• 47: Nutrition and public health
5. Socialist Principles
• 39: To secure
• (a) the right to adequate means of livelihood for all citizens;
• (b) the equitable distribution of material 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
6. Gandhian DPSP
• 40 = empowerment of village panchayat
• 43 = cottage industry in rural areas
• 43B (97th CAA) 2011 = To promote voluntary formation, autonomous
functioning, democratic control and professional management of co-operative
societies
• 46 = Promotion of SCs, STs and other weaker section
• 47 = Intoxicating drugs and alcohol
• 48 = prohibit cows, milch and draught cattle slaughter
7. • MKG =
• Alcohol,
• Cow,
• Co-operative,
• Cottage,
• Village,
• SC (his paper Harijan for dalit upliftment)
8. Liberal–Intellectual Principles
• 44 = Uniform civil code
• 45 = Early childhood care and education (<6) (earlier upto 14 within 10 years) 86 CAA
• 48 = Modernise agriculture and animal husbandry
• 48A: To protect and improve the environment and to safeguard forests and wild life (42
CAA)
• 49 = Protect monuments of national importance
• 50 = Separate the judiciary from the executive
• 51= International peace and security
9. International Principles
• Article 51
• Promotion of international peace
• Just and honourable relations
• International Law and treaty obligations
• Disputes Settlement - Arbitration
12. DIRECTIVES OUTSIDE PART IV
• 350A : Instruction in mother tongue
• 351 : Promotion and development of Hindi language
• 335: Claims of SCs and STs to services
13. DPSP after amendments
• An amendment requires the approval of two-thirds of the members present
and voting
• 42nd CAA, 1976 : Healthy development of children 39 (f); free legal aid
39A; improve worker participation in management of industries 43A;
environment 48A
• 44th CAA, 1978 : 38 (2) Minimise inequalities
• 86th CAA, 2002 : 45 (early child care <6)
• 97th CAA, 2011 : Co-operative societies (Article43B)
14. Criticism
• These are non-justiciable, pious superfluities and aspirations, a cheque on
a bank, payable only when the resources of the bank permit, NYR, a veritable
dustbin of sentiments, moral principles
• Some are not practicable, foreign in nature and against the principle of State
Sovereignty
• Illogically Arranged : Scientific with religious and sentimental; ultra
important with relatively insignificant
• No mention of methods to implement, Conservative: Out-dated
• Constitutional Conflict : Prez & PM ; Governor & CM ; Centre & State
15. Importance
• These Principles are directives for the States, lay down the
foundation of Economic Democracy and establish welfare state
• Fundamental in the governance of the country and supplement
FRs
• Guiding principles for courts
• They bring stability and continuity in State policies
• Educative value of Directive Principles.
16. • If the government of the day fails to implement the DPSP, then it will be
answerable to people in next general election. No legal sanction but
political sanction, Positive obligation for state
• Not enforceable in a court of law but enforceable in court of people
• Not been given legal enforceability not because they are inferior to any
other part of constitution, but they need resources for their execution
• Facilitate stability and continuity in nation’s policies
• Creates background for both LEJ functioning and enjoyment of FRs by
citizens as political democracy don't hold any meaning without
economic democracy.
17. • Act as a lighthouse constantly reminding the government of the day its
responsible of taking the country towards welfare goal.
• Testing grounds though which, performance of government is judged.
• Help in deciding the legal validity of some of the laws incorporated by the state.
Beacon-lights to the courts
• One of the most important rights the citizens can enjoy is the freedom from
Hunger, which can be extended to citizen only through implementation of DPSP
• So unless DPSP are properly implemented the citizen cannot fully enjoy their
FR
• Amplify and reinforces the Preamble
18. Implementation of DPSPs through
• Land Reform Acts., Banking policy, Fixation of minimum wages for
employees, Welfare schemes for the weaker sections, Nuclear
disarmament, 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.
19. • Environment protection act
• MGNREGS
• Cow slaughter prohibition act
• JSY, JSSK, Maternity benefit
• CrPC, 1973: Separation of J from E in public life
• Old age pension schemes
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