Directive Principles Of State Policy: Definition, Balancing Rights, And Constitutional Significance

Directive Principles Of State Policy: Definition, Balancing Rights, And Constitutional Significance

• Promote the welfare of the people by securing a social order permeated by justice-social, economic and political and to minimize inequalities in income, status, facilities and opportunities (Added by 44th Amendment)

• State policy must secure adequate means of livelihood.
• Equitable distribution of resources among all.
• Prevention of concentration of wealth and means of production.
• Equal pay for equal work for men and women.
• Preservation of health and strength of workers and children against forcible abuse.
• Opportunity for healthy development of children (42nd Amendment)

• To promote equal justice & to provide free legal aid to the poor (42nd Amendment).

• Right to work, education, and public assistance in event of unemployment, old age, sickness.

• Provision for just & humane conditions of work & maternity relief.

• To secure living wage, decent standards of life & social and cultural opportunities for all workers.

• Take steps to secure participation of workers in the management of industries (42nd Amendment).

• To raise the level of nutrition and the standard of living of the people & to improve public health.

• To organize village Panchayats (grass root level democracy).

• Promote cottage industries on an individual or cooperation basis in rural areas.

• To promote voluntary formation, autonomous functioning, democratic control & professional management of Co-operative Societies (97th Amendment 2011).

• To promote educational and economic interests of SCs, STs and other weaker sections of society + to protect them from social injustice and exploitation.

• Prohibit the consumption of intoxicating drinks and drugs

• Prohibit the slaughter of cows and improve their breeds

• Uniform Civil Code

• To provide early childhood care & education for all children until they complete the age of 6 years (86th amendment 2002).

• To organize agriculture and animal husbandry on modern & scientific lines.

• To protect & improve the environment and to safeguard forests & wild life (42nd Amendment 1976).

• Protect monuments or historic interests which are declared to be of national importance.

• Separation of Judiciary from Executive.

• To promote International peace, maintain honorable relations between nation’s, foster respect for international laws and treaty obligations and encourage peaceful settlements.

• Claims of SCs & STs to services.

• Instruction in mother tongue

• Development of Hindi Language.

• If any conflict between FR & DPSPs, FR would prevail over DPSPs.
• Directive Principles of State Policy can be amended by the Parliament by enacting Constitutional amendment.

• Parliament cannot take away any of the FR which are sacrosanct.
• FR cannot be amended for the implementation of Directive Principles of State Policy.

• Parliament has the power to take away any FR by enacting Constitutional Amendment.
• Inserted Article 31C-Any law for implementation of A.39(b) & 39(c) shall not be void if it violates A.14 & A.19.
• Such laws cannot be questioned in courts.

• The second provision was declared invalid. Judicial review is a basic structure.

• Any law for implementation of any DPSP shall not be void if it violates A.14 & A.19. DPSPs accorded primacy over A.14 & A.19.

• Above provisions under 42nd amendment declared invalid.
• Indian Constitution is founded on the bedrock of balance between FR & DPSP.