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DIRECTIVE PRINCIPLES OF STATE POLICY

 

DIRECTIVE PRINCIPLES OF STATE POLICY


Introduction
Features
  1. Part 4
  2. articles- 36-51
  3. borrowed from Irish constitution who copied it from Spanish Constitution, ideas of French, American revolution, thinking of Indian nationalists like Gandhi
  4. along with FR, these are soul/philosophy of the constitution
  5. they were not justiciable since 
    1. not enough resources with the country
  1. instructions to legislature, executive and administrator
  2. establish welfare state- economic and social democracy
  3. non-justiciable but fundamental in governance (art 37)
  4. DPSP are used to interpret the laws, if law fulfils principle of DPSP and violate FR, it may be considered  reasonable
Classification
Socialistic 
Gandhian 
  1. welfare state, democratic socialism, social and economic justice
  2. deals with health, wages, children, workers
  3. art 38, 39, 39A, 41, 42, 43, 43A, 47
  1. reconstruction programme
  2. decentralisation- Art 40
  3. village panchayat, cooperatives- Art 40, 43, 43B
  4. promote educational and economic interest of SCs, STs, Weaker sections of society- Art 46
  5. prohibit consumption of drugs, liquor- Art 47
  6. prohibit slaughter of cows, calves, milch cattle- Art 48
Liberal-intellectual

  1. principle of liberalism
  2. art44- UCC
  3. childhood care- Art 45
  4. organise agriculture and animal husbandry on scientific lines- Art 48
  5. forest, environment, wildlife- Art 48A
  6. protect monuments, places of national importance- Art 49
  7. separate judiciary from executive- Art 50
  8. promote international peace, security, maintain just and honourable relations with nations; foster respect for international law and treaty obligation, encourage settlement of international dispute by arbitration- Art 51

New DPSP
Criticism
  1. 42nd Amendment, 1976
    1. 39, 39A, 43A, 48A
  2. 44th Amendment 1978
    1. Art 38
  3. 86th Amendment 2002
    1. Art 45 was made FR and subject matter of it was changed
  4. 97th Amendment 2011
    1. co-operative society- 43B
  1. no legal force
  2. no consistent philosophy
    1. relatively less important are put together with highly important issues
  3. conservative
    1. based on old British philosophy of 19th century
  4. constitutional conflict
    1. to fulfill DPSP, there can be constitutional crisis between Centre and State, President and PM and governor and CM
    2. there can be conflict on whether DPSP or FR have to be given primacy
Fundamental Rights vs DPSP
Works done to implement DPSP
  1. Champakam Dorairajan case 1951
    1. FR are supreme to DPSP, but FR can be amended
    2. Parliament made 1st, 4th and 17th Amendment in 1951, 1955 and 1964 to implement some directives
  2. Golaknath Case 1967
    1. FR can't be amended for implementation of DPSP
    2. Parliament made 24th and 25th Amendment Act in 1971
    3. 24th: Parliament can amend FR
    4. 25th: added Art 31C
      1. no law which seeks to implement DPSP in Article 39(b)(c) shall be void on the ground of contravention of FR by Art 14, 19 and 31
  3. Keshvananda Bharti 1973
    1. 25th Amendment is valid but laws can be questioned in court since JR is basic structure
  4. 42nd Amendment- for any DPSP, not just (b)(c) of 39, FR can be amended
    1. this was declared unconstitutional in 1980 Minerva Mills case
  1. PC established in 1950
  2. 5 year plans
  3. land reform acts
    1. abolition of intermediaries like zamindars, jagirdars, inamdars
    2. tenancy reforms like security of tenure, fair rents
    3. imposition of ceilings on land holdings
    4. distribution of surplus land among landless labourers
    5. cooperative farming
  4. Child labour Act, minimum wages act, Factories Act, Industrial disputes Act
  5. nationalisation of banks, abolition of privy purses
  6. Lok Adalats
  7. Khadi and Village Industries Board, MSMEs
  8. Community Development Programme 1952, Integrated Rural Development Programme, Swarnajayanti Gram Swarozgar Yojana, NREGA
  9. Wildlife Protection Act , Forest conservation Act
  10. modernisation of agriculture
  11. 73rd and 74th amendment Act
  12. Protection of Civil rights act 1976, commissions for SCs and STs
  13. CrPC separated the executive from judiciary
Views

  1. Dr LM Singhvi:  directives are life giving provisions of constitution.
  2. Sir Ivor Jennings; part expresses Fabian socialism without word 'socialism'

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