Directive
Principles of State Policy (DPSP):
According to B.R Ambedkar, DPSP is the “Novel features” and “Soul of constitution” of the Indian constitution.
DPSP is the “Conscience of constitution” – Granville Austin
The Directive
Principles of State Policy (DPSP) are mentioned in Part IV of the Indian
Constitution from Articles 36 to 51.
- The idea of DPSP is borrowed from the Constitution of Ireland.
Objectives:
- It Promote concept of “Welfare State” and “Inclusive Growth.”
- To establishes social and economic democracy in the country.
Nature:
- It is dynamic in nature to provide social and economic justice.
- DPSP is non-justiciable, non-enforceable by court of law.
- Government can implement provisions of DPSP by legislative actions.
FUNDAMENTAL
RIGHTS Vs DPSPs |
|
FUNDAMENTAL RIGHTS |
DPSPs |
Borrowed
from constitution of USA. |
Borrowed
from Irish constitution. |
Enumerated
in Part III from Articles 12 – 35. |
Enumerated
in Part IV from Articles 36 – 51. |
Justiciable
in nature. |
Non-justiciable
in nature. |
Negative
connotation– Prohibit the state from doing certain things. |
Positive
connotation – Enables the state to do certain things. |
To
establishing political democracy. |
To
establishing social and economic democracy. |
Aim
– Welfare of the individual. |
Aim
– welfare of the community/society. |
Automatically
enforced. |
Legislation requires for enforcement of provisions. |
Note:
DPSP is not subordinate to Fundamental Rights. |
Classifications of Directive Principles of
State Policy (DPSPs):
The
Constitution does not contain any classification of Directive Principles. But,
according to their ideological origin and goals, the Directive Principles are
categorised. These are based on:
- Socialist Principles
- Gandhian Principles
- Liberal and Intellectual Principles
ARTICLEs of DPSPs: SOCIALIST
PRINCIPLES |
|
Article
38 |
To
promote the welfare of the people by securing a social order through
justice—social, economic and political—and to minimise inequalities in
income, status, facilities and opportunities. |
Article
39 |
Towards
Securing citizens: a) Right
to adequate means of livelihood for all citizens. b) 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. f) Opportunities
for the healthy development of children. |
Article
39A |
Promote
equal justice and free legal aid to the poor. |
Article
41 |
To
securing Right to work, Right to education and public assistance in cases of
unemployment, old age, sickness and disablement, secure citizens. |
Article
42 |
To
make provision for just and humane conditions of work and maternity relief. |
Article
43 |
To
secure a living wage, a decent standard of living and social and cultural
opportunities for all workers. |
Article
43A |
To
take steps to secure the participation of workers in the management of
industries. |
Article
47 |
To
raise the level of nutrition and the standard of living of people and to
improve public health. |
ARTICLEs of DPSPs: GANDHIAN
PRINCIPLES |
|
Article
40 |
To
organise village panchayats and endow them with necessary powers and
authority to enable them to function as units of self-government. |
Article
43 |
To
promote cottage industries on an individual or co-operation basis in rural
areas. |
Article
43B |
To
promote voluntary formation, autonomous functioning, democratic control and
professional management of co-operative societies. |
Article
46 |
To
promote the educational and economic interests of SCs, STs, and other weaker
sections of the society and to protect them from social injustice and
exploitation |
Article
47 |
To
prohibit the consumption of intoxicating drinks and drugs which are injurious
to health |
Article
48 |
To
prohibit the slaughter of cows, calves and other milch and draught cattle and
to improve their breeds |
ARTICLEs of DPSPs: LIBERAL AND
INTELLECTUAL PRINCIPLES |
|
Article
44 |
To
secure for all citizens a Uniform Civil Code throughout the country. |
Article
45 |
Provide
early childhood care and education for all children until they complete the
age of six years. |
Article
48 |
To
organise agriculture and animal husbandry on modern and scientific lines. |
Article
49 |
To
protect monuments, places and objects of artistic or historic interest which
are declared to be of national importance. |
Article
50 |
To
separate the judiciary from the executive in the public services of the State. |
Article
51 |
Promote
international peace and security and maintain just and honourable relations
between nations: To
foster respect for international law and treaty obligations To
encourage settlement of international disputes by arbitration |
Constitutional Amendment added new Directive
Principles:
42nd Amendment Act, 1976 added four new
Directive Principles:
- Article 39: To secure opportunities for the healthy development of children.
- Article 39A: To promote equal justice and to provide free legal aid to the poor.
- Article 43A: To take steps to secure the participation of workers in the management of industries.
- Article 48A: To protect and improve the environment and to safeguard forests and wildlife.
44th Amendment Act of 1978:
Article 38:
Which requires the State to minimise inequalities
in income, status, facilities and opportunities.
86th Amendment Act of 2002:
It changed
the subject-matter of Article 45 and made elementary education a fundamental
right under Article 21A. The amended directive requires the State to provide
early childhood care and education for all children until they complete the age
of 14 years.
97th Amendment Act of 2011:
Article
43B: It requires the state to promote voluntary formation, autonomous
functioning, democratic control and professional management of co-operative
societies.
Limitations of Directive Principles of
State Policy (DPSPs):
- No legal force: Due to non-justiciable character.
- It is illogically arranged.
- It is conservative in nature.
- There may be constitutional conflict between centre and state.
Hint: Prelims Based (Most expected
Questions can asked)
For UPSC,
UPPSC, BPSC, and other Competitive exams related to Directive Principles –
- Nature of DPSP?
- DPSP mentioned in Part?
- DPSP borrowed from?
- Articles of DPSP?
- Added New Articles of DPSP through Amendments?
- Principles of DPSP?
- Important Articles like 37, 39, 39A, 40, 44, 48A, 50 and 51.
ARTICLES RELATED TO DIRECTIVE
PRINCIPLES OF STATE POLICY |
|
Article 36 |
Definition of State |
Article 37 |
Application
of the principles: Non-justiciable. |
Article 38 |
State to secures
social order for the promotion of welfare of the people |
Article 39 |
Certain
principles of policy to be followed by the State |
Article 39A |
Equal justice and free
legal aid |
Article 40 |
Organisation
of village panchayats |
Article 41 |
Right to work, to
education and to public assistance in certain cases |
Article 42 |
Provision for
just and humane conditions of work and maternity relief |
Article 43A |
Living wage, etc. for
workers Participation of workers in management of industries |
Article 43B |
Promotion of
co-operative societies |
Article 44 |
Uniform civil code for
the citizens |
Article 45 |
Provision for
early childhood care and education to children below the age of the six years
|
Article 46 |
Promotion of
educational and economic interests of Scheduled Castes, Scheduled Tribes and
other weaker sections |
Article 47 |
Duty of the
State to raise the level of nutrition and the standard of living and
to improve public health |
Article 48 |
Organisation of
agriculture and animal husbandry |
Article 48A |
Protection
and improvement of environment and safeguarding of forests and wildlife |
Article 49 |
Protection of
monuments and places and objects of national importance |
Article 50 |
Separation of
judiciary from executive |
Article 51 |
Promotion of
international peace and security |
References:
Indian Polity by M. Laxmikant, GoI.
Post a Comment
Post a Comment
Thanks...keep in touch 🤟