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Context: Directive Principles of State Policy aim at ensuring socioeconomic justice to the people and establishing India as a Welfare State. In this edition we will understand the meaning and nature of Directive Principles of State Policy.
The concept of DPSP emerged from Article 45 of the Irish Constitution.
Constitutional Provisions: Part IV of the Constitution of India (Article 36–51) contains the Directive Principles of State Policy (DPSP).
Article 37 of the Indian Constitution States about the application of the Directive Principles.
These principles aim at ensuring socioeconomic justice to the people and establishing India as a Welfare State.
Fundamental Rights Vs DPSP
Unlike the Fundamental Rights (FRs), the scope of DPSP is limitless and it protects the rights of a citizen and work at a macro level.
DPSP consists of all the ideals which the State should follow and keep in mind while formulating policies and enacting laws for the country.
Directive Principles are affirmative directions on the other hand, Fundamental Rights are negative or prohibitive in nature because they put limitations on the State.
The DPSP is not enforceable by law; it is non-justiciable.
It is important to note that DPSP and FRs go hand in hand.
DPSP is not subordinate to FRs.
Classification of Principles: The Directive Principles are classified on the basis of their ideological source and objectives. These are Directives based on:
Socialist Principles
Gandhian Principles
Liberal and Intellectual Principles
Article 38: The State shall strive to promote the welfare of the people by securing and protecting a social order by ensuring social, economic and political justice and by minimising inequalities in income, status, facilities and opportunities
Articles 39: The State shall in particular, direct its policies towards securing:
Right to an adequate means of livelihood to all the citizens.
The ownership and control of material resources shall be organised in a manner to serve the common good.
The State shall avoid concentration of wealth in a few hands.
Equal pay for equal work for both men and women.
Childhood and youth shall not be exploited.
Article 41: To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disability.
Article 42: The State shall make provisions for securing just and humane conditions of work and for maternity relief.
Article 43: The State shall endeavour to secure to all workers a living wage and a decent standard of life.
Article 43A: The State shall 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.
Directives based on Gandhian Principles
Article 40: The State shall take steps to organise village panchayats as units of Self Government
Article 43: The State shall endeavour to promote cottage industries on an individual or cooperative basis in rural areas.
Article 43B: To promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies.
Article 46: The State shall promote educational and economic interests of the weaker sections of the people particularly that of the Scheduled Castes (SCs), Scheduled Tribes (STs) and other weaker sections.
Article 47: The State shall take steps to improve public health and prohibit consumption of intoxicating drinks and drugs that are injurious to health.
Article 44: The State shall endeavour to secure for the citizen a Uniform Civil Code through the territory of India.
Article 45: To 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 48A: To protect and improve the environment and to safeguard the forests and wildlife of the country.
Article 49: The State shall protect every monument or place of artistic or historic interest.
Article 50: The State shall take steps to separate judiciary from the executive in the public services of the State.
Article 51: It declares that to establish international peace and security the State shall endeavour to:
Maintain just and honourable relations with the nations.
Foster respect for international law and treaty obligations.
Encourage settlement of international disputes by arbitration.
42nd Constitutional Amendment, 1976: It introduced certain changes in the part-IV of the Constitution by adding new directives:
Article 39A: To provide free legal aid to the poor.
Article 43A: Participation of workers in management of Industries.K1M
Article 48A: To protect and improve the environment.
44th Constitutional Amendment, 1978: It inserted Section-2 to Article 38 which declares that; “The State in particular shall strive to minimise economic inequalities in income and eliminate inequalities in status, facilities and opportunities not amongst individuals but also amongst groups”.
It also eliminated the Right to Property from the list of Fundamental Rights.
86th Amendment Act of 2002: It changed the subject-matter of Article 45 and made elementary education a fundamental right under Article 21 A.
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