General – Directive Principles of State Policy

Classification of the Directives Part IV -> Articles 36-51 Classified under three groups

i) Ideals to strive for (Economic)ii) Directions to Legislature and Executive as to how they

will exercise their powersiii) Not enforceable but will regulate Legislative and

Administrative Policy

Scope of Directives: Follow these Principles in making laws and administration

Directive Principles aim at a Socialistic pattern of Society A balance between ‘Socialism’ and ‘Capitalism’ Economic democracy Trends towards collectivism during the time of Mrs. Indira

Gandhi Nationalization of banking, insurance, coal mines and

aviation Janata Regine -> Removal of Fundamental Right to Property

Directive Principles compared with Fundamental Rights1) Fundamental Rights -> Limitation of state action

Directive Principles -> Instruments of instruction to Government in day to day actions

2) Fundamental Rights -> Required to be implemented by legislation

Directive Principles -> Not so

3) Fundamental Rights -> Justiciable rightsDirective Principles -> Non-justiciable

4) Fundamental Rights -> Prevail over Directive Principles

Directive Principles -> To be read with Fundamental Rights

Minerva Mills case

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Fundamental Rights are the basic structure of our constitution

Constitution aims at balance between the two like two wheels of a chariot

Sanction behind Directive Principles Political Dr. Ambedkar

“If any Government ignores them, they will certainly have to answer for them before the Electorate at the election time”

Utility of Directive Principles lies in the fact that:1. It will facilitate the establishment of a Socialistic Pattern of

Society2. Fundamental in governance of country3. Not a surplusage:

i) Constitutional validity of many laws has been maintained due to Directive Principles

ii) Directive Principles help to determine scope and ambit of Fundamental Rights

iii) Assists interpretation of Legislatureiv) Directive Principles though not enforceable Supreme

Court rendering decisions in their light4. Fundamental Rights being amended to bring it in tune with

Directive Principles

Implementation of Directives:a) Enabled state to secure ownership and control of material

resources Land Reforms Act

done away with Zamindars, Jagirdars and Imandars land to belong to tiller

Land Ceiling Act

b) Laws enacted to implement directive to organise village Panchayats endowed with Civil and Judicial powers

c) Several boards established for promotion of Cottage Industries All India Khadi and Village Industries Board All India Handicrafts Board All India Handloom Board Small scale Industries Board Silk Board

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Coir Board

d) Legislation enacted for compulsory education in many states and union territories

e) To raise standard of living many programmes launched: Integrated Rural Development Programme (IRDP) National Rural Employment Programme (NREP) Rural Landless Employment Guarantee Programme

(RLEGP) Drought Prone Areas Programme (DPAP) Desert Development Programme (DDP)

f) Legislations facilitating prohibition of intoxicating drinks and drugs

g) To facilitate separation of Executive from Judiciary – Civil Procedure Code 1973

Directives contained in other parts of Constitution1) Article 350A – Every state and local authority to provide

adequate facilities for education in mother tongue at primary stage to children belonging to linguistic minority groups

2) Article 351 – Enjoins Union to promote spread of Hindi language

3) Article 355 – Claims of members of schedule castes and schedule tribes shall be considered in making appointments to services and posts in connection with affairs of union and state.

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