DIRECTIVE PRINCIPLES OF STATE POLICY-PART 4 findoutabout.in

Table of Contents

INTRODUCTION

Part 4 of the Indian Constitution deals with Directive Principles of State Policy under Articles 36-51. This article will solely discuss the Directive Principles of State Policy, its importance in the Indian Constitution, and the history of its conflict with Fundamental Rights.

What are the Directive Principles of State Policy?

The Sapru Committee in 1945 suggested two categories of individual rights. One being justiciable and the other being non-justiciable rights. The justiciable rights, as we know, are the Fundamental rights, whereas the non-justiciable ones are the Directive Principles of State Policy.

DPSPs are ideals that are meant to be kept in mind by the state when it formulates policies and enacts laws. There are various definitions to Directive Principles of State which are given below:

They are an ‘instrument of instructions’ which are enumerated the Government of India Act, 1935
They seek to establish economic and social democracy in the country.
DPSPs are ideals that are not legally enforceable by the courts for their violation.

Classification

Indian Constitution has not originally classified DPSPs but on the basis of their content and direction, they are usually classified into three types-

Socialistic Principles,
Gandhian Principles and,
Liberal-Intellectual Principles.

Socialistic Principles

They are the principles that aim at providing social and economic justice and set the path toward the welfare state.

Article 38 – Promote the welfare of the people by securing a social order through justice—social, economic,. and political—and to minimize inequalities in income, status, facilities, and opportunities.

Article 39 – Secure citizens:

Right to adequate means of livelihood for all citizens
Equitable distribution of material resources of the community for the common good
Prevention of concentration of wealth and means of production
Equal pay for equal work for men and women
Preservation of the health and strength of workers and children against forcible abuse
Opportunities for the healthy development of children

Article 39A – Promote equal justice and free legal aid to the poor

Article 41 – In cases of unemployment, old age, sickness, and disablement, secure citizens:

Right to work
Right to education
Right to public assistance

Article 42 – Make provision for just and humane conditions of work and maternity relief.

Article 43 – Secure a living wage, a decent standard of living, and social and cultural opportunities for all workers

Article 43A – Take steps to secure the participation of workers in the management of industries

Article 47 – Raise the level of nutrition and the standard of living of people and to improve public health

Gandhian Principles

These principles are based on Gandhian ideology used to represent the program of reconstruction enunciated by Gandhi during the national movement.

Article 40 – Organise village panchayats and endow them with the necessary powers and authority to enable them to function as units of self-government

Article 43 – Promote cottage industries on an individual or cooperation basis in rural areas

Article 43B – Promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.

Article 46 – Promote the educational and economic interests of SCs, STs, and other weaker sections of society and protect them from social injustice and exploitation.

Article 47 – Prohibit the consumption of intoxicating drinks and drugs which are injurious to health.

Article 48 – Prohibit the slaughter of cows, calves, and other milch and draught cattle and improve their breeds.

Liberal-Intellectual Principles

These principles reflect the ideology of liberalism

Article 44 – 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. (Note: 86th Amendment Act of 2002 changed the subject matter of this article and made elementary education a fundamental right under Article 21 A.)

Article 48 – Organise agriculture and animal husbandry on modern and scientific lines.

Article 49 – Protect monuments, places, and objects of artistic or historic interest which are declared to be of national importance.

Article 50 – Separate the judiciary from the executive in the public services of the State.

Article 51 – Promotion of International Peace and Security

Promote international peace and security and maintain just and honorable relations between nations
Foster respect for international law and treaty obligations
Encourage settlement of international disputes by arbitration