..The Constitution of India is the supreme law of

India.It came into existence on January 26, 1950.

Part IV (Article 36-51) deals with various Directive Principles of State Policy.

QuestionsQuestionsIs India a socialist or a capitalist

country? What are your reasons?

The Directive Principles of State Policy, embodied in Part IV of the constitution, are directions given to the central and state governments to guide the establishment of a just society in the country.

According to the constitution, the government should keep them in mind while framing laws, even though they are non-justiciable in nature. Directive Principles are classified under the following categories: Gandhian, social, economic, political, administrative, legal, environmental, protection of monuments, peace and security.

INTRODUCTIONINTRODUCTION

Article 36 to 51 of the Constitution of India embodies the Directive Principles of State policy and for these we are indebted to the Constitution of Ireland. The objective is to establish a social and economic democracy in India

Article 37 reveals that : 1.The Directive Principles are not justiciable2.They are Fundamental in the governance of

the country3. It shall be the duty of the State to apply

these Directive Principles while formulating policies or making laws for the governance of the State

Constitution – Directive PrincipliesConstitution – Directive Principlies

Directive Principles of State Policy embodied in Part IV of the Constitution(Art 36 to 51)

Contain the principles ‘Fundamental in the governance of the country”

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Directive Principles Directive Principles

State shall strive to promote welfare of people securing social, economic and political justice

State shall strive to minimise inequalities in income

State shall direct its policy towards securing the same

Ownership & control of the material resources of the community are so distributed as best to subserve the common good

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Directive PrinciplesDirective Principles

Operation of the economic system does not result in the concentration of wealth and means of production to the common detriment

Securing living wage of worker, just and humane conditions of work, participation of workers in management

Securing uniform civil code for the citizens throughout the territory of India

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Socialist PrinciplesLiberal PrinciplesGandhian PrinciplesInternational principles

CLASSIFICATIONCLASSIFICATION

Article 38 of the Constitution of India shall endeavour to formulate such social system which will secure social, economic and political justice to all in all the spheres of life.

Article 39(a) the state shall try to formulate its policyin such a manner so as to secure adequate means of livelihood for all its citizens.

Article 39(b) the ownership of material resources would be controlled in such a manner so as to subserve the common good.

SOCIALIST PRINCIPLESSOCIALIST PRINCIPLES

Article 39(c) the economy of the state will be administered in such a manner so that wealth may not yet be concentrated in a few hands and the means of production may not be used against the public interest.

Article 41 of the Indian Constitution of the State will work within the limits of its economic viability and progress, provide to the citizens the right to work, the right to education and general assistance in the event of unemployment, old age, disease and other disabilities.

Article 42 of the Indian Constitution the state will make provisions for the creation of just and humane conditions of work. It will also ensure maternity relief.

Artcle 43 of the Indian Constitution the state will ensure adequate wages, good life and rest to the labourers. The state will also endeavour to make available to the labourers various socio-cultural facilities.

Artcle 44 of the Indian Constitution? The State shall endeavour to formulate and implement a Uniform civile-code for all the people livingthroughout the territory of India.

Artcle 45 of the Indian Constitution the State shall endeavour to provide early childhood care and education for all the children untill they complete the age of six years.

Artcle 47 of the Indian Constitution the State shall strive to raise the level of nutrition and the standard of living. Thus, it will endeavour to improve upon the health of the people.

LIBERAL PRINCIPLESLIBERAL PRINCIPLES

Artcle 48 of the Indian Constitution, the State shall strive to organise agriculture and husbandary on modern and scientific lines. It will also try to maintain and improve upon the breed of the animals.

Article 50 of the Indian Constitution the state will try to separate the judiciary from the executive in the case of public service.

Article 40, State will strive to organise Panchayats in villages and will endow them with such powers which enabel them to act as units of self government.

Article 43, the state shall strive to develop the cottage industry in the rural areas both, on individual or co-operative basis.

Article 47,the state will strive to ban the consumption of wine, other intoxicating drinks and all such commodities which are considered injurious to health.

Article 48 reveals that State will ban slaughtering of cows, calves and other milch cattle.

GANDHIAN PRINCIPLESGANDHIAN PRINCIPLES

Article 51(a)- The State will strive to promote international peace and security.

Article 51(b)- The State will strive to maintain just and- honourable relations among various states in the world.

Article 51(c)- The State will endeavour to promote respect for International treaties, agreements, and law.

Article 51(f)- The State will strive to settle international disputes by arbitration.

INTERNATIONAL INTERNATIONAL PRINCIPLESPRINCIPLES

HistoryHistory•The concept of Directive Principles of State Policy was borrowed from the Irish Constitution.

•The makers of the Constitution of India were influenced by the Irish nationalist movement.

•The principles have been inspired by the Directive Principles given in the Constitution of Ireland and also by the political thought of Ambedkar and GandhiIt relates to social justice, economic welfare, foreign policy, and legal and administrative matters.

DefinitionDefinition

The Directive Principles of State Policy are guidelines to the central and state governments of India, to be kept in mind while framing laws and policies. These provisions, contained in Part IV of the Constitution of India, are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country, making it the duty of the State to apply these principles in making laws to establish a just society in the country.

CharacteristicsCharacteristics

DPSPs aim to-create social and economic conditions under which the citizens can lead a good life.establish social and economic democracy through a welfare state. They act as a, yardstick in the hands of the people to measure the performance of the government.The Directive Principles are non-justiciable rights of the people.The Directive Principles, though not justiciable, are fundamental in the governance of the country.

DIRECTIVEs….DIRECTIVEs…. Article 36:-Definition of state: “The State’’ includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. Article 37:- Application of the principles.

Contd…Contd…

Article 38:-State to secure a social order for the promotion of welfare of the people.

Article 39:-Certain principles of policy to be followed by the State. -equal rights to men and women. -ownership of resources. -equal pay for equal work. -protection of children………..

Contd…Contd…

Article 39 A:-Equal justice and free legal aid. - to citizens having economic or other disabilities. Article 40:-Organisation of village panchayats.Article 41: Right-to work, to education and to public assistance in certain cases.

Contd…Contd…

Article 42:-Provision for just and humane conditions of work and maternity relief .Article 43:-Living wage, good working conditions etc. , for workers .Article 43 A:-Participation of workers in managementof industries.

Contd…Contd…

Article 44:-Uniform civil code for the citizens. Article 45:-Provision for free and compulsory education for children. Article 46:-Promotion of educational and economic interests of Scheduled castes , Scheduled Tribes and other weaker sections.

Contd…Contd…

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 48 A:-Protection and improvement of environment and safeguarding of forests and wildlife.

Contd…Contd…

Article 49:-Protect ion of monuments and places and objects of national importance.Article 50:-Separation of judiciary from executive. Article 51:-Promotion of international peace and security. -just and honorable relations. -encourage settlement of international disputes by arbitration.

Implementation of DPSPs through…Implementation of DPSPs through…Land Reform Acts.

Banking policy.

Fixation minimum wages for employees engaged in various employments.

Welfare schemes for the weaker sections.

Nuclear disarmament.

Contd...Contd...

Panchayati Raj.

The Equal Remuneration Act of 1976.

Consumer Protection Act of 1986.

The 86th constitutional amendment of 2002 inserted a new article, Article 21-A.

Amendments to DPSPsAmendments to DPSPs An amendment requires the approval of two-thirds of the An amendment requires the approval of two-thirds of the members present and voting.members present and voting.Major amendmentsArticle 31-C, inserted into the Directive Principles of State Policy by the 25th Amendment Act of 1971 seeks to upgrade the DPSPs.

Article 48-A, which ensures Protection and improvement of environment and safeguarding of forests and wild life, was added by the 42nd Amendment Act, 1976.

Contd…Contd…

Article 45, which ensures Provision for free and compulsory education for children, was added by the 86th Amendment Act, 2002.

1. These Principles are directives for the States2. Lay down the foundation of Economic

Democracy3. These are measuring rods to judge the

achievements of the Government4. They establish welfare state5. These are Fundamental in the Governance

of the country.6. These Principles supplement Fundamental

rights7. Guiding Principles for courts8. They bring stability and continuity in State

policies9. Educative value of Directive Principles.

IMPORTANCE OF DIRECTIVE IMPORTANCE OF DIRECTIVE PRINCIPLESPRINCIPLES

ConclusionConclusion

DPSPs are-onon-justiciable rights of the people.o guidelines to the central and state govts of India.onot enforceable by any court.oconsidered fundamental in the governance of the country.It the duty of the State to apply these principles in making laws to establish a just society in the country.

1. These are Non-justiciable2. Not more than moral principles3. No proper classification is done4. Some Directive Principles are not

practicable5. These are foreign in nature6. Against the principle of State Sovereignity7. It is illogical to include these princciples in

the constitution8. These are responsible for Constitutional

conflicts9. No mention of methods to implement

them

CRITCISM OF DIRECTIVE CRITCISM OF DIRECTIVE PRINCIPLES OF STATE POLICYPRINCIPLES OF STATE POLICY

Contd…Contd…

Duties of the stateBuilding a just and equitable societyLaws and regulations aimed at improving the lives of the marginalizedObligations of the state towards citizens

QuestionQuestionWhy does India pursue nuclear

arms although the DPSP asks for nuclear diarmament?

Avasthi, A.P, Indian Government and Politics, Narain Agarwal, Agra, 2001.

Fadia, B.L, Indian Government and Politics, Sahitya Bhawan Publication, Agra, 2002

Ghai, U.R, Indian Government and Politics, New Academic Publishing, Jalandhar, 2002.

Gupta, D.C, Indian Government and Politics,Vikas Publishing House, New Delhi, 1978

Johari, J.C, Indian Government and Politics, Vishal Publication, 1979.

References References

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