3. • Part IV of Indian
Constitution describes
‘Directive Principles of
State Policy’ (DPSP). This
Section of The Indian
Constituiton prescribes the
fundamental obligations of
the State to its citizens and
the duties of the citizens to
the State.
Definition of Directive Principles
Of
State Policy
4. 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.
5. 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."
6. 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.
7. 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 favour
of the DPSP
8. 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.
9. 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.
10. 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.
11. 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.