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Directive Principles

TheDirective Principles of State Policy of Indiaare the guidelines to be followed by the government of India for the governance of the country. They are not enforceable by any court, but the principles laid down there are considered "Fundamental" in the governance of the country, which makes it the duty of the State[1]to apply these principles in making laws to establish a just society in the country. The principles have been inspired by theDirective Principles given in the Constitution of Irelandwhich are related tosocialjustice,economic welfare,foreign policy,and legal and administrative matters.

Directive Principles are classified under the following categories: Economic and Socialistic, Political and Administrative, Justice and Legal, Environmental, Protection of Monuments, Peace and Security.

TheHistory of Ireland,particularly theIrish Home Rule Movement;hence, the Directive Principles of the Indian constitution have been greatly influenced by theDirective Principles of Social Policy.[2]The idea of such policies "can be traced to theDeclaration of the Rights of Man and of the Citizenproclaimed byRevolutionary Franceand the Declaration of Independence by the American Colonies. "[3] The Indian constitution was also influenced by theUnited NationsUniversal Declaration of Human Rights.

Indians, who were seeking independence from British rule and their own government, were particularly influenced by the independence of Ireland from British rule and the development of the Irish constitution. Also, the Directive Principles of State Policy in the Irish Constitution were looked upon by the people of India as an inspiration for the independent Indian Government to comprehensively tackle complex social and economic challenges across a vast, diverse nation and population.

In 1928, theNehru Commissioncomposing of representatives of all Indian political parties, proposed constitutional reforms for India that apart from calling fordominionstatus for India and elections under universal suffrage, would guarantee rights deemed fundamental, representation for religious and ethnic minorities, and limit the powers of the government. In 1931, theIndian National Congress(the largest Indian political party of the time) adopted resolutions committing itself to the defence of fundamental civil rights, as well as socio-economic rights such as theminimum wageand the abolition ofuntouchabilityandserfdom,[4]committing themselves tosocialism&Gandhian philosophy.

When India obtained Independence on 15 August 1947, the task of developing a constitution for the Nation was undertaken by theConstituent Assembly of India,composing of elected representatives under the presidency ofDr. Rajendra Prasad.While members of Congress composed of a large majority, Congress leaders appointed persons from diverse political backgrounds to responsibilities of developing the constitution and national laws.[5]Notably,Bhimrao Ramji Ambedkarbecame the chairperson of the drafting committee, whileJawaharlal NehruandSardar Vallabhbhai Patelbecame chairperson of committees and sub-committees responsible for different subjects. A notable development during that period having significant effect on the Indian constitution took place on 10 December 1948 when theUnited NationsGeneral Assemblyadopted theUniversal Declaration of Human Rightsand called upon all member States to adopt these rights in their respective constitutions.

Both the Fundamental Rights and the Directive Principles of State Policy were included in the I Draft Constitution (February 1948), the II Draft Constitution (17 October 1948) and the III and final Draft Constitution (26 November 1949), prepared by theDrafting Committee.

Directive Principles are affirmative directions and are non - justiciable. However, this does not mean that they are subordinate to fundamental rights; Fundamental Rights and Directive Principles go hand in hand. Article 37 of the Constitution of India talks about the application of Directive Principles provided under Article 36 toArticle 51.

Characteristics

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While debating can lead a good life. They also aim to establish social and economic democracy through awelfare state.Though the Directive Principles are non-justiciablerightsof the people but fundamental in the governance of the country, it shall be the duty of the State to apply these principles in making laws perArticle 37.Besides, allexecutive agenciesof union and states should also be guided by these principles.[1]Even thejudiciaryhas to keep them in mind in deciding cases.[6][7]

An existing policy in line with DPSP can not be reversed, however it can be expanded further in line with DPSP. The policy changes applicable

Directives

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The directive principles ensure that the State[1]shall strive to promote thewelfare of the peopleby securing a social order in whichsocial,economicand political justice is animated/informed in all institutions of life as perArticle 38 (1).[8]Dr. Ambedkar clarified as given below in the Constituent Assembly debates on Article 38 highlighting its inevitable implementation.

... The word 'strive' which occurs in the Draft Constitution, in judgement, is very important. We have used it because our intention is even when there are circumstances which prevent the Government, or which stand in the way of the Government giving effect to these Directive Principles, they shall, even under hard and unpropitious circumstances, always strive in the fulfilment of these Directives. That is why we have used the word 'strive'. Otherwise, it would be open for any Government to say that the circumstances are so bad, that the finances are so inadequate that we cannot even make an effort in the direction in which the Constitution asks us to go.

Also, the State shall strive to minimise the inequalities in income and endeavour to eliminateeconomic inequalityas well as inequalities in status and opportunities, not only among individuals but also among groups of people residing in different areas or engaged in different vocations perArticle 38 (2).The State shall aim for securing the right to an adequate means of livelihood for all citizens, both men and women as well asequal pay for equal workfor both men and women. The State should work to prevent the concentration of wealth and means of production in a few hands, and try to ensure that ownership and control of the material resources is distributed to best serve the common good.Child abuseandexploitation of workersshould be prevented. Children should be allowed to develop in a healthy manner and should be protected against exploitation and against moral and material abandonment perArticle 39.The State shall provide freelegal aidto ensure that equal opportunities for securing justice is ensured to all, and is not denied by reason of economic or other disabilities perArticle 39A.The State shall also work for the organisation of villagepanchayatsand help enable them to function as units of self-government perArticle 40.The State shall endeavour to provide theright to work,to educationand to public assistance in cases of unemployment, old age, sickness and disablement, within the limits of economic capacity perArticle 41as well as provide for just and humane conditions of work and maternity relief perArticle 42.

The State should also ensure a living wage and properworking conditionsfor workers, with full enjoyment of leisure and social and cultural activities. Also, the promotion ofcottage industriesin rural areas is one of the obligations of the State perArticle 43The State shall take steps to promote their participation in the management of industrial undertakings perArticle 43A.

Also, the State shall endeavour to secure auniform civil codefor all citizens perArticle 44and provide early childhood care and education for all children until they complete the age of six years perArticle 45.This directive regarding education of children was updated by the86th Amendment Act, 2002.[9][10]It should work for the economic and educational upliftment ofscheduled castes,scheduled tribesandother weaker sectionsof the society perArticle 46.

The directive principles commit the State to raise the level of nutrition and the standard of living and to improve public health, particularly by prohibiting intoxicating drinks and drugs injurious to health except for medicinal purposes perArticle 47.It should also organise agriculture and animal husbandry on modern and scientific lines by improving breeds and prohibiting the slaughter ofcows,calves,other milch and draught cattle perArticle 48.[11]It should protect and improve the environment and safeguard the forests and wildlife of the country perArticle 48A.This directive, regarding the protection of forests and wildlife, was added by the42nd Amendment Act, 1976.[12]

Protection of monuments, places and objects of historic and artistic interest and national importance against destruction and damage perArticle 49and separation of judiciary from the executive in public services perArticle 50are also the obligations of the State as laid down in the directive principles.

FinallyArticle 51ensure that the State shall strive for the promotion and maintenance of international peace and security, just and honourable relations between nations, respect for international law and treaty obligations, as well as settlement of international disputes by arbitration.

The judiciary is not part of the state as defined in Article 36 to claim non-applicability of DPSP (Part IV of the constitution) under Article 37 wherever applicable to it.

Implementation

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There is no need of any constitutional amendment and simple legislation by the Parliament is adequate to implement the Directive Principles as applicable laws perArticle 245as they are already enshrined in the constitution. The State has made few efforts till now to implement theDirective Principles.

The Programme of Universalisation of Elementary Education and thefive-year planshas been accorded the highest priority in order to provide freeeducationto all children up to the age of 14 years.The 86th constitutional amendmentof 2002 inserted a new article, Article 21-A, into the Constitution, that seeks to provide free and compulsory education to all children aged 6 to 14 years.[9]Welfare schemes for the weaker sections are being implemented both by the Central and State governments. These include programmes such as boys' and girls'hostelsforscheduled castes' orscheduled tribes' students.[13]The year 1990–1991 was declared as the "Year of Social Justice" in the memory ofB.R. Ambedkar.[14]The government provides free textbooks to students belonging to scheduled castes or scheduled tribes pursuing medicine and engineering courses. During 2002–2003, a sum ofRs.47.7 million was released for this purpose.[15]In order that scheduled castes and scheduled tribes are protected from atrocities, the Government enacted thePrevention of Atrocities Act,which provided severe punishments for such atrocities.[16]

Several Land Reform Acts were enacted to provide ownership rights to poor farmers.[17]Up to September 2001, more than 20,000,000 acres (80,000 km2) of land had been distributed to scheduled castes, scheduled tribes and the landless poor. The thrust of banking policy in India has been to improve banking facilities in the rural areas.[18]TheMinimum Wages Actof 1948 empowers government to fix minimum wages for employees engaged in various employments.[19]TheConsumer Protection Act of 1986provides for the better protection of consumers. The act is intended to provide simple, speedy and inexpensive redressal to the consumers' grievances, award relief and compensation wherever appropriate to the consumer.[citation needed]TheEqual Remuneration Actof 1976, provides for equal pay for equal work for both men and women.[20]TheSampoorna Grameen Rozgar Yojanawas launched in 2001 to attain the objective of gainful employment for the rural poor. The programme was implemented through thePanchayati Raj institutions.[21]

Panchayati Rajnow covers almost allstates and Union territories.[22]One-third of the total number of seats have been reserved for women in Panchayats at every level; in the case ofBihar,half the seats have been reserved for women.[23][24]Legal aid at the expense of the State has been made compulsory in all cases pertaining to criminal law, if the accused is too poor to engage a lawyer.Judiciaryhas been separated from the executive in all the states and Union territories exceptJammu and KashmirandNagaland.[15]

India's Foreign Policy has also to some degree been influenced by the DPSPs. India, in the past has condemned all acts ofaggressionand has also supported theUnited Nations' peace-keeping activities. By 2004, theIndian Armyhad participated in 37 UN peace-keeping operations. India played a key role in the passing of a UN resolution in 2003, which envisaged better co-operation between theSecurity Counciland the troop-contributing countries.[25]India has also been in favour of nuclear disarmament.[15]

PerArticle 38 (1),prompt rendering of the justiceby courts is part of animating judiciary.[26]Rendering prompt justice is the foremost purpose of the constitution as enshrined in thePreamble to the constitutionalso.[8]However the judiciary is failing dismally in this respect by causing inordinate delay considering time of rendering justice in a case arbitrarily is its constitutional liberty.[27]

Amendments

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Changes in Directive Principles require aConstitutional amendmentwhich has to be passed by a special majority of both houses of theParliament.This means that an amendment requires the approval of two-thirds of the members present and voting and by theabsolute majorityof the house – whether theLok SabhaorRajya Sabha.

See also

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Notes

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  1. ^abcThe term "State" includes all authorities within the territorial periphery of India: theGovernment of India,theParliament of India,the Government and legislature of thestates of India. To avoid confusion with the termstates and territories of India,State (encompassing all the authorities in India) has been capitalized, and the termstateis in lower case.
  2. ^Tayal, B.B. & Jacob, A. (2005),Indian History, World Developments and Civics,pg. A-39
  3. ^Pylee, M.V. (1999).India's Constitution.New Delhi: S. Chand and Company.ISBN81-219-1907-X.
  4. ^Gandhi, Rajmohan.Patel: A Life.p. 206.
  5. ^UNI."Sardar Patel was the real architect of the Constitution".Rediffmail.com.Retrieved15 May2006.
  6. ^Tayal, B.B. & Jacob, A. (2005),Indian History, World Developments and Civics,pg. A-39 to A-40
  7. ^Sinha, Savita, Das, Supta & Rashmi, Neeraja (2005),Social Science – Part II,pg. 29
  8. ^ab"Constituent Assembly of India – Volume VII".19 November 1948.Retrieved31 August2017.
  9. ^abc86th Amendment Act, 2002.
  10. ^"The Constitution (Eighty-sixth Amendment) Act, 2002 | National Portal of India".www.india.gov.in.Retrieved13 February2020.
  11. ^"ICL - India - Constitution".www.servat.unibe.ch.Retrieved5 July2019.
  12. ^42nd Amendment Act, 1976
  13. ^Tayal, B.B. & Jacob, A. (2005),Indian History, World Developments and Civics,pg. A-44
  14. ^"Dr. Bhimrao Ambedkar".ambedkarfoundation.nic.in.Dr. Ambedkar Foundation. Archived fromthe originalon 5 May 2006.Retrieved29 June2006.
  15. ^abcTayal, B.B. & Jacob, A. (2005),Indian History, World Developments and Civics,pg. A-45
  16. ^"Prevention of Atrocities Act,1995 ".hrw.org.Human Rights Watch.Retrieved29 June2006.
  17. ^40th Amendment Act, 1976
  18. ^"Banking Policy and Trends"(PDF).indiabudget.nic.in.Union Budget and Economic Survey. Archived fromthe original(PDF)on 1 July 2007.Retrieved29 June2006.
  19. ^"Minimum Wages Act,1948 ".helplinelaw.com.Archived fromthe originalon 15 June 2006.Retrieved29 June2006.
  20. ^"Equal Remuneration Act,1976 ".indialawinfo.com.Archived fromthe originalon 22 March 2006.Retrieved29 June2006.
  21. ^"Sampoorna Grameen Rozgar Yojana,2001 "(PDF).rural.nic.in.Ministry of Rural Development, India. Archived fromthe original(PDF)on 1 July 2007.Retrieved29 June2006.
  22. ^"Panchayati Raj in India".empowerpoor.org.Poorest Areas Civil Society. Archived fromthe originalon 30 July 2007.Retrieved29 June2006.
  23. ^73rd Amendment Act, 1992
  24. ^"Seat Reservation for Women in Local Panchayats"(PDF).p. 2. Archived fromthe original(PDF)on 5 February 2007.Retrieved29 June2006.
  25. ^"Indian and United Nations".Permanent Mission of India to the United Nations. Archived fromthe originalon 4 May 2006.Retrieved29 June2006.
  26. ^"Rule of law index, 2016".Archived fromthe originalon 29 April 2015.Retrieved3 June2017.
  27. ^Ranjan, Brajesh (25 August 2016)."What causes judicial delay? Judgements diluting time frames in Code of Civil Procedure worsen the problem of adjournments".The Times of India.Retrieved13 September2017.
  28. ^"Press Information Bureau".pib.nic.in.Retrieved5 July2019.
  29. ^"The Gazette of India"(PDF).www.education.gov.in.Archived fromthe original(PDF)on 4 October 2023.Retrieved17 January2025.

References

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