Directive Principles of State Policy (DPSP)

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.

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

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