In this article, we will discuss the Directive Principles of State Policy in a simple and easy way and try to understand its various aspects,
So read the article till the end for better understanding, and also read other related articles as well.
If there is a guide then it becomes easy to reach the destination and most of all we know where not to go. The Directive Principles of Policy is a constitutional guide that guides the policy-makers.
What is the Directive Principle of Raj’s Policy and why?
Directive Principles of State Policy literally means – the elements that guide the policy of the state.
When the constitution was framed, the people had no experience of governing and making laws in the interest of the country . Especially for the states which were about to take over the rule after a long colonial period. And as we know that it is not mandatory for politicians to be educated in our country , in such a situation, when they take over the power of the country or the state and make laws in public interest, it may be less in the interest of the country and more in the interest of the individual. Are.
Intellectual and visionary members of the Constituent Assembly had already realized this, so they added clauses like Directive Principles of State Policy so that, whenever the State makes any law, these Directive Principles act as a guide and Show the right path to policy makers
The second thing was that the country did not have enough financial resources to implement and implement all the laws at the same time. Because under many laws institutions or administrative units etc. have to be established. And the condition of the country was very poor at that time.
The third thing was that the country had just become independent. The challenge to make him stand on his feet was the same wide diversity and backwardness and illiteracy in the country. In such a situation, the common people did not even know what their rights were or what rights they should get.
In this situation, if all the laws were implemented, there would have been more pressure on the executive and judiciary and there would be many obstacles in its implementation.
That is why it was rightly considered that such provisions should be made the Directive Principle of State Policy so that in future, as and when laws are required for them, they can be implemented.
It was not that DPSP was a new idea, but it was also doing this work in Ireland and we took it from there. It is mentioned in Article 36 to Article 51 of Part 4 of our Constitution .
Features of Directive Principles of Policy
Through Directive Principles of State Policy, Economic and Social, Political and Administrative, Justice and Legal, Environment, Protection of Monuments, Peace and Security; Some of the best principles related to such areas have been included in it, which emphasizes on the establishment of a welfare state .
|Welfare State – It means a state which protects and promotes the economic and social welfare of the citizens. It is based on the principles of equal opportunity, equitable distribution of wealth, fair justice etc.|
The Directive Principle of State Policy seeks to bring about a socio-economic condition where citizens can lead a decent life.
Political democracy has been established as soon as independence is achieved, but DPSP emphasizes on establishing socio-economic democracy.
Socio-economic democracy broadly means that citizens get equal opportunities in practice and equitable distribution of wealth or property in the society etc.
DPSP is non-enforceable i.e. it cannot be claimed as a right and cannot be demanded by the court to enforce it but it imposes a duty on the state to enforce its policies. I will definitely keep these principles in mind.
Even the court has to keep these principles in mind while delivering any judgment. That’s why DPSP has challenged before the court many times and its culmination is seen in many cases like Golaknath case, Kesavananda Bharati case, Minerva Mills case etc.
Provisions of Directive Principles of State Policy
Article 36 – Definition
It is written in article 36 that here the meaning of the state is the same as in article 12 in part 3 .
Since its title is the Directive Principles of State Policy, that is, the word State also appears in it, so in Article 36 it has been said that the meaning of the State here is the same as mentioned in Article 12 of the Fundamental Rights Part. Meaning that here think of it as Article 12 = Article 36
Article 37 – Application of the elements contained in this Part
DPSP, as we now know, is not binding like a fundamental right. This is just a recommendation and not any law which is binding.
So it is said in Article 37 that even though it is not a binding law, it will be the duty of the states to implement it.
Classification of Directive Principles of State Policy
The classification of DPSP can have many bases such as economic and social, political and administrative, justice and legal, environment, peace and security etc. Although generally, the Directive Principles discussed from Article 38 to 51 are mainly seen by dividing it into three big parts –
First – Directive Principles with Socialist Principles,
Second – Directive Principles with Gandhian principles,
Third – Directive Principles with liberal intellectual theory.
Let us understand these three one by one.
1. Directive Principles of Socialist Principle
Socialism – A theory in which preference should be given to the whole society over private ownership of private property and resources.
Looking from the socialist point of view, no person can live and work alone without the cooperation of the society, that is why the basic element of this ideology is that production is the right of the whole society and not an individual.
In this way it is based on doing good to all the individuals of the society by establishing social control over property. Talking about the state, the state tries to establish socialism by nationalizing the means of production and distribution. Like India before 1991.
The articles that can be placed under this ideology are as follows-
Article 38 – State shall make social order for the promotion of public welfare
Under Article 38 , (1) the State shall endeavor to promote such social order as may ensure social, economic and political justice.
(2) The State shall also endeavor to eliminate inequalities of income, prestige, facilities and opportunities.
In order to ensure these above provisions, the Planning Commission was formed in 1950, whose job was to develop the country in a planned manner; Make a plan for it. In 2015, its name was changed to NITI Aayog .
Article 39 – Certain policy elements to be followed by the state
The state shall conduct its policy in such a way that
(a) all citizens are equally entitled to an adequate means of subsistence,
(b) the ownership and control of material resources is distributed in such a way as to best serve the collective interest. (c) * The economic system should be
such that there is no concentration of wealth and means of production,
(d) equal pay for equal work for both men and women,
(e) health of workers and that the power and condition of the children should not be misused,
(f) opportunities for health development should be provided to the children.
This article has been quite controversial and discussed since the beginning because its provisions clashed with the fundamental right. Despite this, to ensure these provisions – abolition of zamindari system, land demarcation system, distribution of surplus land to the landless, cooperative agriculture etc. were implemented.
Similarly, Equal Remuneration Act 1976 was made for equal pay of men and women. The Child Labor Prohibition and Regulation Act 1986 was enacted to protect children from exploitation.
Article 39A – Equal justice and free legal aid
Through the 42nd Constitutional Amendment , another provision was added in the name of Article 39A . Under this, the state will ensure that no citizen is deprived of justice due to economic and social disabilities. For this, the state will arrange free legal aid through suitable legislation or manner .
Article 41 – Right to work, education and public assistance in certain cases
Under this, the state will make effective provision for the right to work, to education and to public assistance in cases of unemployment, old age, disease and disability.
The state also does this, for example, giving tricycles to differently-abled, old age pension to senior citizens, giving work under MGNREGA to those who want to get work, etc.
Article 42 – Provision for just and humane conditions of work and maternity aid
This means that the State shall create conditions conducive to work for human beings and secondly, provide for maternity relief for pregnant women.
This happens also, for example, you can see that the employed person is made to work for a limited number of hours or he is given health insurance, he is given leave and many other facilities and rights are given at the workplace.
On the other hand, if we talk about maternity assistance, then 6 months time is given as maternity leave, that too without deducting money from the salary. Apart from this, arrangements have also been made for crche facility for the women working with the small child to the workplace.
Article 43 – Subsistence wages etc. for workers
The State shall endeavor to provide all workers with work, subsistence wages, decent standard of living and working conditions ensuring full enjoyment of leisure and social and cultural opportunities and to promote cottage industries on individual or co-operative basis, especially in rural areas. Will try
In this case, a lot of work has been done in the field of cottage industries, for example, Khadi and Village Industries Board, Khadi and Village Industries Commission, Silk Board, Handloom Board etc.
By the 42nd Constitutional Amendment 1976, Article 43 was amended to make a part Article 43A . Similarly, Article 43B was added by the 97th Constitutional Amendment in 2011.
Article 43A – Participation of workers in the management of industries
The State shall, by suitable legislation, take steps to encourage workers to participate in the functions of management in industries.
Article 47 – Duty of the state to raise the level of nutrition and the standard of living and to improve public health
The State shall regard the improvement of the nutritional level and public health of its people as its primary duty and shall endeavor to prohibit the consumption, in particular, of alcoholic beverages and drugs injurious to health.
In the context of improving the nutritional level and public health, many schemes are being run, such as Mid-Day Meal, Mission Nutrition, Ayushman Bharat Yojana , Anganwadi etc.
Talking about alcoholic beverages, the government has not banned it, although the prices have definitely increased.
Here are the Directive Principles of State Policy with Socialist Principles. Now let’s talk about Gandhian theory –
2. Directive Principles of Gandhian Principles
This principle is based on the ideology of Gandhiji. Swadeshi , Sarvodaya , upliftment of Dalits and cleanliness etc. have been prominently involved in Gandhi’s thought.
For the fulfillment of these objectives and dreams of Gandhiji, it has been included in the Directive Principle. Because when Gandhiji died in 1948, the constitution was still being made.
Had he been alive, then some of the provisions mentioned below would have definitely become law at that time. But perhaps they were not, that is why the policy did not become part of the Directive Principle at that time. Although many things of his principles have been implemented over time, which has been discussed further.
Article 40 – Organization of Village Panchayats
Gandhi ji was a strong supporter of Panchayati Raj system , he wanted that local self-government system should be formed and all necessary powers should be given to him.
Article 43 – In relation to cottage industry
We have read this above as well. Gandhiji was such a great supporter of cottage industry and self-reliance that he once asked everyone to spin the spinning wheel and make their own clothes of their own needs. It is currently being promoted under the Ministry of MSME.
Article 43B – Promotion of Co-operative Societies
It was added through the 97th Constitutional Amendment 2011 . Under this it has been said that the state will promote voluntary formation of cooperative societies, autonomous operation, democratic invitation and business management.
Today many cooperative societies are functioning across the country like Amul , Lijjat Papad etc.
Article 46 – Promotion of educational interests of SC, ST and other weaker sections
The State shall promote with special care the educational interests of the weaker sections of the people, especially the SCs and STs, and shall protect them from social injustice and all forms of exploitation.
To ensure this, the National Commission for Scheduled Castes, National Commission for Scheduled Tribes, Scheduled Castes and Tribes (Prevention of Atrocities) Act 1989 , National Commission for Backward Classes, reservation for SC, ST and Other Backward Classes etc. Has been.
Article 48 – Organization of agriculture and animal husbandry
The State shall endeavor to organize agriculture and animal husbandry through modern and scientific methods and shall encourage the improvement of breeds, especially the prohibition of slaughter of cows, calves and other milch animals.
To ensure this, cow slaughter has been banned in many states such as Uttar Pradesh.
Here is the Gandhian principle of the Directive Principle of State Policy, let us now know about the liberal intellectual principle.
3. Directive Principles of Liberal Intellectual Principle
Liberal means – liberal towards different opinions and practices; Liberal mainly supports Fair Competition, Free Market, Tolerance, Limited Government, Human Rights, Gender Equality etc.
Article 44 – Uniform civil code for citizens
The State shall endeavor to obtain a Uniform Civil Code for the citizens throughout the territory of India. This has not been possible yet.
Article 45 – Provision for early childhood care and education for children below the age of six years
The State shall make provision for providing early childhood care and education to all children till they complete the age of six years.
By the 86th Constitutional Amendment 2002, it has been made a part of the Fundamental Right under Article 21 ‘A’ . Under which free and compulsory education has been arranged for children up to 14 years of age.
Article 48 – Organization of agriculture and animal husbandry
We have read this above in Gandhian theory also, but there we have to know about cow slaughter etc. because it matches with Gandhiji’s idea. But these are in relation to organizing agriculture and animal husbandry through modern and scientific systems.
Article 48A – Protection and promotion of environment and protection of forests and wildlife
The State shall endeavor to protect and enhance the environment of the country and to protect the forests and wildlife. It was not part of the Directive Principles of Policy from the beginning, but it was added through the 42nd Constitutional Amendment 1976.
In this matter, some very important steps have been taken, Wild Life (Protection) Act 1972 , Forest (Protection) Act 1980 , Central Pollution Control Board etc. Even in the central government there is a separate ministry for this, which is known as the Ministry of Environment, Forest and Climate Change .
Article 49 – Protection of monuments, places and objects of national importance
It is the obligation of the state to preserve a monument or place or object of artistic or historical interest declared to be of national importance.
For this, the Ancient and Historical Monuments and Archaeological Sites and Remains Act 1958 has been made, under which the government does the above mentioned works.
Article 50 – Separation of judiciary from executive
The State shall take steps to separate the judiciary from the executive in the public services of the State.
Earlier public servants (such as collectors, tehsildars etc.) also had legal powers so that they used them along with their general administrative powers. But under the Criminal Procedure Code (CrPC) 1973, the executive in the public service was separated from the legal service. That is, the legal powers held by these public servants were delegated to the District Judicial Magistrates who work directly under the High Court .
Article 51 – Promotion of international peace and security
In this regard, the State will make the following efforts:
(a) To promote international peace and security, (b) To maintain just and respectful relations between nations, (c) To promote respect for international law and treaty obligations, (d) To resolve international disputes Attempt to settle by arbitration.
The DPSP’s being unjust or non-enforceable makes it an object of criticism. And many people criticized it on this ground as T. T. Krishnamachari even called it a permanent garbage dump of emotions. Some criticized it as an irrational system. Some people also said that it has been made to work in the 20th century according to the 20th century.
Overall, there is merit in many criticisms, now take only Article 37 of the DPSP. According to this, it is not enforceable but it is the duty of the state to enforce these elements. But as soon as an attempt was made to implement it, it started colliding with the fundamental rights. In this way, it took the form of a controversy where even the Supreme Court in the initial phase gave importance to Fundamental Rights in place of Directive Principles of State Policy.
Whatever be the case today, if we look at the situation of almost 70 years after the implementation of the constitution, then we will see many such acts, many schemes and many works which have been done keeping in mind the DPSP. In such a situation, DPSP is really of no use, it cannot be said at all. Even if there have been controversies about it, it has only brought more clarity to it, which acted as a guide for future policy-makers.
So here is the Directive Principles of State Policy, hopefully you must have understood. To complete this part completely, one must understand the conflict between Fundamental Rights and Directive Principles. Link is below-
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