Directive Principles of State Policy

by

<–2/”>a >An important feature of the constitution is the Directive Principles of State Policy. Although the Directive Principles are asserted to be “fundamental in the governance of the country,” they are not legally enforceable. Instead, they are guidelines for creating a social order characterized by social, economic, and political Justice, Liberty, Equality, and Fraternity as enunciated in the constitution’s preamble.

ARTICLE 37 of the Constitution declares that the DPSP “shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.” It is not a mere coincidence that the apparent distinction that is drawn by scholars between the ICCPR rights and ESC rights holds good for the distinction that is drawn in the Indian context between Fundamental Rights and DPSP. Thus the bar to justiciability of the DPSP is spelled out in some sense in the Constitution itself.

The Directive Principles may be classified into 3 broad categories—

  1. Socialistic
  2. Gandhian and
  3. Liberal-intellectual.

(1) Socialistic Directives

Principal among this category of directives are (a) securing welfare of the people (Art. 38) (b) securing proper distribution of material Resources of the community as to best sub serve the common-good, equal pay for equal work, protection of childhood and youth against exploitation. etc. (Art.39), (c) curing right to work, Education etc. Art. (41), (d) securing just and humane conditions of work and maternity relief (Art. 42) etc.

(2) Gandhian Directives

Such directives are spread over several Arts. Principal among such directives are (a) to organize village panchayats (Art. 40), (b) to secure living wage, decent standard of life, and to promote Cottage industries (Art.43), (c) to provide free and compulsory education to all children up to 14 years of age (Art. 45), (d) to promote economic and educational interests of the weaker sections of the people, particularly, the scheduled castes and scheduled tribes, (e) to enforce Prohibition of intoxicating drinks and cow-slaughter and to organize agriculture and Animal Husbandry on scientific lines (Arts. 46-48).

(3) Liberal intellectual directives

Principal among such directives are (a) to secure Uniform Civil Code throughout the country (Art.44), (b) to separate the judiciary from the executive (Art.50),  (c) to protect monuments of historic and national importance and  (d) to promote international peace and security.,

The Directive Principles of State Policy (DPSP) are a set of principles that are laid down in Part IV of the Constitution of India. They are not enforceable by any court, but the State is supposed to apply these principles while making laws and policies.

The DPSP were adopted from the Irish Constitution of 1937. They were introduced in the Indian Constitution by Dr. B.R. Ambedkar, who was the Chairman of the Drafting Committee of the Constitution. Dr. Ambedkar believed that the DPSP would help to achieve the goals of social, economic, and political justice for all citizens of India.

The DPSP are divided into three groups: economic, social, and political. The economic principles include the right to work, the right to education, the right to Health, and the right to a living wage. The social principles include the right to equality, the right to freedom, and the right against exploitation. The political principles include the right to freedom of speech, the right to Freedom of Assembly, and the right to Freedom of Association.

The DPSP have been interpreted by The Supreme Court of India in a number of cases. In the case of Maneka Gandhi v. Union of India, the Supreme Court held that the DPSP are fundamental to the governance of the country and that they are enforceable through the writ jurisdiction of the courts. In the case of Kesavananda Bharati v. State of Kerala, the Supreme Court held that the DPSP are a part of the basic structure of the Constitution and that they cannot be amended.

The DPSP have had a significant impact on the development of Indian law and policy. They have been used to justify a number of important laws and policies, such as the right to education, the right to health, and the right to food. The DPSP have also been used to strike down a number of laws and policies that were found to be unconstitutional.

The DPSP are a unique feature of the Indian Constitution. They are a set of principles that are intended to guide the State in its efforts to achieve social, economic, and political justice for all citizens. The DPSP have had a significant impact on the development of Indian law and policy, and they continue to play an important role in the governance of India.

Here are some specific examples of how the DPSP have been used to achieve social, economic, and political justice in India:

  • The right to work has been used to justify the enactment of laws that provide for EMPLOYMENT guarantee schemes.
  • The right to education has been used to justify the enactment of laws that provide for free and compulsory education for all children up to the age of 14 years.
  • The right to health has been used to justify the enactment of laws that provide for universal health care.
  • The right to a living wage has been used to justify the enactment of laws that set minimum wages for workers.
  • The right to equality has been used to justify the enactment of laws that prohibit discrimination on the basis of caste, religion, sex, or place of birth.
  • The right to freedom has been used to justify the enactment of laws that protect freedom of speech, freedom of assembly, and freedom of association.
  • The right against exploitation has been used to justify the enactment of laws that prohibit child labor and bonded labor.

The DPSP are a valuable tool for achieving social, economic, and political justice in India. They have been used to justify a number of important laws and policies that have had a positive impact on the lives of millions of Indians. The DPSP continue to play an important role in the governance of India, and they will continue to be used to achieve social, economic, and political justice for all citizens.

Here are some frequently asked questions and short answers about the topics of the Directive Principles of State Policy:

  1. What are the Directive Principles of State Policy?
    The Directive Principles of State Policy are a set of principles that are enshrined in the Indian Constitution. They are not enforceable in a court of law, but the government is supposed to follow them in making laws and policies.

  2. What are the objectives of the Directive Principles of State Policy?
    The objectives of the Directive Principles of State Policy are to ensure social, economic, and political justice for all citizens. They also aim to promote the welfare of the people and to secure a decent standard of living for all.

  3. What are some of the Directive Principles of State Policy?
    Some of the Directive Principles of State Policy include the following:

  4. The state shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.

  5. The state shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different parts of the country.
  6. The state shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of Unemployment, old age, sickness and disablement, and in other cases of undeserved want.
  7. The state shall, within the limits of its economic capacity and development, make effective provision for securing the right to an adequate means of livelihood for all citizens, men and Women, and for securing equal pay for equal work for both men and women.
  8. The state shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.
  9. The state shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the scheduled castes and the scheduled tribes, and shall protect them from social injustice and all forms of exploitation.
  10. The state shall regard the raising of the level of Nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the state shall endeavour to bring about prohibition of the consumption of intoxicating drinks and of drugs which are injurious to health.
  11. The state shall endeavour to organize agriculture and animal husbandry on modern and scientific lines and shall take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.
  12. The state shall endeavor to protect and improve the Environment and to safeguard the forests and wildlife of the country.
  13. The state shall endeavor to secure for all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the state shall endeavor to secure for women, equal pay with men for equal work.
  14. The state shall endeavor to promote cottage industries on an individual or co-operative basis in rural areas and shall take steps for ensuring their development on an adequate scale.

  15. The state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.

  16. What is the importance of the Directive Principles of State Policy?
    The Directive Principles of State Policy are important because they provide a framework for the government to follow in making laws and policies. They also help to ensure that the government is responsive to the needs of the people.

  17. What are some of the challenges in implementing the Directive Principles of State Policy?
    Some of the challenges in implementing the Directive Principles of State Policy include the following:

  18. The government does not have the resources to implement all of the Directive Principles.

  19. There is a lack of political will to implement some of the Directive Principles.
  20. There is a lack of awareness about the Directive Principles among the people.
  21. There is a lack of coordination between different government departments in implementing the Directive Principles.

Despite these challenges, the Directive Principles of State Policy are an important part of the Indian Constitution. They provide a vision for a just and equitable Society, and they can be used to hold the government accountable for its actions.

The Directive Principles of State Policy are a set of principles that are enshrined in the Indian Constitution. They are not enforceable by law, but the government is supposed to follow them in making laws and policies.

The Directive Principles are divided into three categories: economic, social, and political. The economic principles include the right to work, the right to education, and the right to health. The social principles include the right to equality, the right to freedom, and the right against exploitation. The political principles include the right to freedom of speech, the right to assemble peacefully, and the right to form associations.

The Directive Principles are important because they provide a framework for the government to follow in making laws and policies. They also help to ensure that the government is accountable to the people.

Here are some MCQs on the Directive Principles of State Policy:

  1. Which of the following is not a Directive Principle of State Policy?
    (A) The right to work
    (B) The right to education
    (C) The right to health
    (D) The Right to Property

  2. Which of the following is a social principle?
    (A) The right to equality
    (B) The right to freedom
    (C) The right against exploitation
    (D) All of the above

  3. Which of the following is a political principle?
    (A) The right to freedom of speech
    (B) The right to assemble peacefully
    (C) The right to form associations
    (D) All of the above

  4. The Directive Principles are important because they:
    (A) Provide a framework for the government to follow in making laws and policies
    (B) Help to ensure that the government is accountable to the people
    (C) Both (A) and (B)

  5. The Directive Principles are not enforceable by law. This means that:
    (A) The government is not bound to follow them
    (B) The government can only follow them if it wants to
    (C) The government can only follow them if the courts order it to

  6. The Directive Principles are divided into three categories:
    (A) Economic, social, and political
    (B) Civil, political, and economic
    (C) Social, cultural, and educational

  7. The economic principles include the right to:
    (A) Work
    (B) Education
    (C) Health
    (D) All of the above

  8. The social principles include the right to:
    (A) Equality
    (B) Freedom
    (C) Against exploitation
    (D) All of the above

  9. The political principles include the right to:
    (A) Freedom of speech
    (B) Assemble peacefully
    (C) Form associations
    (D) All of the above

  10. The Directive Principles are important because they:
    (A) Provide a framework for the government to follow in making laws and policies
    (B) Help to ensure that the government is accountable to the people
    (C) Both (A) and (B)

Exit mobile version