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March 27, 2024 696 0
The phrase ‘Directive Principles of State Policy’ denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters.
SOCIALIST
Reflects ideology of Socialism, lays down the framework of a democratic socialist state, aims at providing social and economic justice, and sets the path towards a welfare state.
Article 38 |
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Article 39 | The state shall direct its policies towards securing:
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Article 39A | To promote equal justice and to provide free legal aid to the poor (42nd CAA, 1976). |
Article 41 | Right to work, education, and public assistance in the event of unemployment, old age, or sickness. |
Article 42 | Provision for just and humane conditions of work and maternity relief. |
Article 43 | To secure a living wage, decent standards of life, social and cultural opportunities for all workers. |
Article 43A | Take steps to secure the participation of workers in the management of industries (42nd CAA, 1976). |
Article 47 | To raise the level of nutrition and the standard of living of the people & to improve public health. |
Legal Services Authorities Act, 1987:
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GANDHIAN
Based on Gandhian Ideology. Represent the programme of reconstruction enunciated by Gandhi during the National Movement.
Article 40 | To organize village Panchayats (grassroots-level democracy) and endow them with the necessary powers and authority to enable them to function as units of self-government.
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Article 43 | Promote cottage industries on an individual or co-operative basis in rural areas. |
Article 43B | To promote voluntary formation, autonomous functioning, democratic control & professional management of Co-operative Societies (97th Amendment 2011). |
Article 46 | To promote the educational and economic interests of SCs, STs and other weaker sections of society, the state shall protect them from social injustice and exploitation. |
Article 47 | Prohibit the consumption except for medicinal purposes of intoxicating drinks and drugs. |
Article 48 | Prohibit the slaughter of cows, calves and other milch and draught cattle and improve their breeds. |
LIBERAL INTELLECTUAL:
To represent the ideology of liberalism.
Article 44 | To secure for all citizens a Uniform Civil Code throughout the country.
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Article 45 | To provide early childhood care and education for all children until they complete the age of 6 years (86th CAA, 2002). |
Article 48 | To organize agriculture and animal husbandry on modern and scientific lines. |
Article 48A | To protect and improve the environment and to safeguard forests & wildlife (42nd CAA, 1976). |
Article 49 | Protect monuments, places and objects of artistic or historic interests which are declared to be of national importance. |
Article 50 | To separate the Judiciary from the Executive in the public services of the state.. [UPSC 2020] |
Article 51 | To promote International peace, maintain honourable relations between nations, foster respect for international laws and treaty obligations and encourage peaceful settlements. [UPSC 2015] |
Amendment To Directive Principles of State Policy: New Directive Principles
Amendment | Description |
42nd Amendment Act of 1976 | Added Article 39(f), Article 39A, Article 43A, Article 48A. [UPSC 2017]
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44th Amendment Act of 1978 | Added Article 38(2): To minimize inequalities in income, status, facilities and opportunities. |
86th Amendment Act of 2002 | Added Article 45: The amendment changed the subject – matter of Article 45 and elementary education made as FR under Article 21A. |
97th Amendment Act of 2011 | Added Article 43B: To promote formation, functioning and management of Co-operative Societies. |
Importance/Significance of DPSP
Directives outside PART IV
Article 335 Part XVI | Claims of SCs & STs to services. |
Article 350A Part XVII | Instruction in mother tongue. |
Article 351 Part XVII | Development of Hindi Language. |
Conflict between Fundamental Rights and DPSP
Cases | Supreme Court View |
Champakam Dorairajan Case 1951 |
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Golaknath Case 1967 |
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24th Amendment 1971 |
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Kesavananda Bharati
Case 1973 |
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42nd Amendment 1976 |
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Minerva Mills Case 1980 |
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Present position |
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Difference between Fundamental Rights and DPSPs
Fundamental Rights | Directive Principles |
Source: Borrowed from the Constitution of the USA. | Source: Borrowed from the Irish Constitution of 1937. |
Negative: They prohibit the State from doing certain things. Hence, Negative in nature. | Positive: They require the State to do certain things. Hence, positive in nature. |
Justiciable. | Non-justiciable. |
Aim: To establish political democracy in the country. | Aim: To establish social and economic democracy in the country. |
Sanction: Have legal sanctions. | Sanction: Have moral and political sanctions. |
Promote the welfare of the individual – Personal and individualistic. | Promote the welfare of the community – Societarian & Socialistic. |
Do not require any legislation for implementation. Automatically enforced. | Require legislation for implementation. Not automatically enforced. |
Courts can declare a law violative of any of the FR as unconstitutional and invalid. | Courts cannot declare a law violative of any of the DPSP as unconstitutional and invalid. However, they can uphold the validity of a law to give effect to a directive. |
Must Read | |
NCERT Notes For UPSC | UPSC Daily Current Affairs |
UPSC Blogs | UPSC Daily Editorials |
Daily Current Affairs Quiz | Daily Main Answer Writing |
Conclusion
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